JAYASHREE JAISINGH BABAR vs SHIRISH RAMDAS SARODE

Judgment text excerpt

Neeta Sawant CRA 190 of 2022 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 190 OF 2022 Jayashree Jaisingh Babar …..APPLICANT : VERSUS : Shirish Ramdas Sarode ….RESPONDENT Mr. Deepak M. Gupte, for the Applicant. Mr. Girish Agrawal with Ms. Chitra Darekar and Mr. Shubham Jangam, for the Respondent. CORAM : SANDEEP V. MARNE, J. JUDG. RESD. ON: 5 FEBRUARY 2026 JUDG. PRON. ON: 13 FEBRUARY 2026 JUDGMENT: 1) Whether a developer can file a Suit under Section 6 of the Specific Relief Act, 1963 (Specific Relief Act) for recovery of possession of flat sold to a purchaser on the ground that full consideration therefor is not paid and the possession thereof is illegally obtained? Is the summary remedy under Section 6 of the Specific Relief Act intended for resolution of disputes between developer and flat purchaser relating to the purchase transaction and whether decree for restoration of possession under Section 6 can be passed against a flat purchaser, who has failed to pay full amount of consideration? These are the broad issues that arise for consideration in the instant Revision Application ____________________________________________________________________________ PAGE NO. 1 of 30 FRIDAY, 13 FEBRUARY 2026 Neeta Sawant CRA 190 of 2022 filed by the flat purchaser, who faces decree for restoration of possession of flat to the developer. 2) The issues arise in the light of challenge mounted by the Applicant to the judgment and decree dated 14 March 2022 passed by the Joint Civil Judge, Senior Division, Pune decreeing the suit filed by the Plaintiff-Respondent under Section 6 of the Specific Relief Act, 1963 and directing Applicant-Defendant to restore possession of the suit property to the Plaintiff with further directions t