SHIV KUMAR AGARWAL vs MEHZABEEN AND ORS.

Judgment text excerpt

WP-10258-2004 C2.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY Digitally signed by HUSENBASHA CIVIL APPELLATE JURISDICTION HUSENBASHA RAHAMAN RAHAMAN NADAF NADAF Date: 2025.11.03 WRIT PETITION NO. 10258 OF 2004 20:13:02 +0530 Shiv Kumar I. Agarwal ) through Constituted Authority ) Shri. Ashok Kumar I. Agarwal, ) Presently aged about 81 years, R/at. 340, ) Sea Nymph, A.B. Nair Road, Juhu, ) Mumbai- 400 049 ) ....Petitioner V/s 1. Mrs. Mehzabeen (deceased) ) 2. Deepak Mathur (deceased) ) through legal heirs ) 2a. Tamanna D. Mathur, ) Wife of Deepak Mathur (deceased) ) 2b. Arsh Deepak Mathur, ) Son of Deepak Mathur (deceased) ) 2c Faiz Deepak Mathur, ) Son of Deepak Mathur (deceased) ) All of above residing at Flat No.19, ) Vimala Mahal, Pedder Road, ) Mumbai – 400 026. ) 3. Seema Mathur, Now known as ) Mrs. Shameena Nashir Rawoof, ) D/o. Dayal Swarup Mathur (deceased) R/at. Flat No.19, Vimala Mahal, ) Pedder Road, Mumbai – 400 026. ) ….Respondents **** Mr. Vishal Kanade a/w. Ms. Janhavi Joshi, Ms. Lata Dhruv & Ms. Swati Sutar i/b Dhru & Co. for Petitioner. Mr. Mandar Limaye a/w. Mr. Vedant Bende & Ms. Tanvi Kamat Deosthale for the Respondents. **** CORAM : M.M. SATHAYE, J. RESERVED ON : 23rd SEPTEMBER, 2025 Husen Page 1 of 17 WP-10258-2004 C2.doc PRONOUNCED ON : 3rd NOVEMBER, 2025 JUDGMENT : 1. This petition is filed under Article 226 and 227 of the Constitution of India, challenging the judgment and order dated 25.06.2003 passed by the Appellate Bench of Small Causes Court at Mumbai in Appeal No.283 of 2000. By the said impugned order, the judgment and order dated 29.10.1999 passed by the Judge of Small Causes Court at Mumbai in L.E. & C. Suit No.112/134 of 1991 is set aside and the said suit is dismissed. By the impugned order the Petitioner’s suit, seeking eviction of