DARRYL D MONTE (SINCE DECEASED) THR. LRS. ZARINE DMONTE AND ORS. vs VADILAL KUNVERJI GADA AND ORS.

Judgment text excerpt

Neeta Sawant CRA-417&418-2022 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 417 OF 2022 WITH CIVIL REVISION APPLICATION NO. 418 OF 2022 Darryl D’Monte (deleted since deceased) and Ors. … APPLICANTS : VERSUS : Vadilal Kunverji Gada & Ors. …. RESPONDENTS Mr. Nusrat Shah with Mr. Kevin Gala, Ms. Sayali Ramugade i/b. Ms. Samaa Shah, for the Applicant in CRA-418/2022. Mr. N.V. Walawalkar, Senior Advocate i/b. Ms. Samaa Shah for the Applicant in CRA-417-2022. Mr. Mayur Khandeparkar with Mr. Aseem Naphade, Ms. Kausar Banatwala, Mr. Pratik Shah and Ms. Sneha Mahawar i/b. Mr. Tushar A. Goradia, for Respondent Nos.4 to 6 in CRA-417-2022. Mr. Rohan Savant, with Mr. Ashish Dube, Mr. Ashok Chopra, Ms. Gayatri Gupta and Mr. Aman Saraf for Respondent No.2 in both CRA. Ms. Tasneem Azmi I /b. Mr. Rajiv Mane, for Respondent Nos.7 to 10 in both CRA. Ms. Ema Almeida with Ms. Archana Jha, for Respondent No.11 in both CRA. ____________________________________________________________________________ PAGE NO. 1 OF 65 6 April 2026 Neeta Sawant CRA-417&418-2022 CORAM : SANDEEP V. MARNE, J. JUDG. RESD. ON : 17 March 2026. JUDG. PRON. ON : 6 April 2026. Judgment: 1) These two Revision Applications challenge the common judgment and order dated 4 May 2022 passed by the Appellate Bench of the Small Causes Court in Appeal Nos. 27 of 2019 and 28 of 2019. By the impugned order, the Appellate Bench has allowed the Appeals and has set aside the judgment and order dated 3 November 2018 passed by the Learned Judge, Small Causes Court in Obstructionist Notice No. 15 of 2006 filed in T.E. & R. Suit No. 66 of 2002 and the said Obstructionist Notice filed by the Applicant has been dismissed. By its judgment and order dated 3 November 2018, the learned Judg