M/S SHREE TIRTHANKAR CO.BOMBAY vs SHRI ADYAPRASAD HINGOO MISHRA

Judgment text excerpt

3-asfa-945-1994+.doc Sumedh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 945 OF 1994 WITH CIVIL APPLICATION NO.2125 OF 1994 M/s. Shri Tirthankar Co. ] A firm carrying on business at Gogalewadi, ] Goregaon (East) Bombay 400 063 ]… Appellant V/s. 1. Adyaprasad Hingoo Mishra ] Since deceased by his heirs and ] Legal representatives ] 1(a) Lilawati Adyaprasad Hingoo Mishra ] (Since deceased through legal heirs 1 (b) to 1 (f)) ] 1(b) Ankaleshwar Adyaprasad Hingoo Mishra ] 1(c) Ajay Kumar Adyaprasad Hingoo Mishra ] 1(d)Vinod Kumar Adyaprasad Hingoo Mishra ] 1 (e) Sanjay Kumar Adhyaprasad Hingoo Mishra ] 1 (f) Jagdish Kumar Adhyaprasad Hingoo Mishra ] 2. Harishankar Hingoo Mishra ] (Since deceased through legal heirs) ] 2 (a) Rajmani Harishankar Mishra ] 2 (b) Kaushal Harishankar Mishra ] 2 (c) Rajesh Kumar Harishankar Mishra ] All residing at Room No. 103, Hari Shankar Mishra ] Chawl, Gotewadi, Aarey Road, Goregaon (E) ] Mumbai 400 006 ]… Respondents _______________________ Mr. Drupad Patil a/w Mr. Rohan Karande and Mr. Sandeep Wankhede i/by Divekar & Co. for Appellant. None for Respondents. Mr. Swayam S. Chopda, OSD, Court Receiver. _______________________ Digitally signed by 1/5 SUMEDH SUMEDH NAMDEO NAMDEO SONAWANE SONAWANE Date: 2026.02.06 14:38:52 +0530 3-asfa-945-1994+.doc CORAM : KAMAL KHATA, J. RESERVED ON : 3RD FEBRUARY 2026. PRONOUNCED ON : 6TH FEBRUARY 2026. JUDGMENT: 1. The present Appeal arises from the Judgment and Decree dated 4 March 1994 passed by the learned Judge of the Bombay City Civil Court, Mumbai in Suit No. 5989 of 1974, whereby the Appellant’s suit for possession of land admeasuring 688.50 sq. ft. from out of CTS No. 185, village Pahadi, Goregaon, Taluka Borivali was dismissed, and the Defendants were declare