BAKUL NANDLAL GANDHI vs MRS SMITA PRADEEP BHATIA AND ORS

Judgment text excerpt

916-CRA-232-2017-.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 232 OF 2017 Bakul Nandlal Gandhi Flat Nos. 11 and 12, Sandeep Building, 11, Laxminarayan Lane, Matunga (C.R.), Mumbai – 400 019 …Applicant Versus 1. Mrs. Smita Pradip Bhatia 15-B, “IL Palazzo CHS Little Gibs Road, Malabar Hill, Mumbai – 400 006 2. Unnamed Heirs and Legal Representatives of Shri. Jethalal V. Jajal, Age / Occ. : ---- Room No. A, First Floor, House No.419-A, 421 & 423, Kalbadevi Road, Mumbai – 400 002. 3. Kiran Impex Traders …Respondents Flat Nos.11 and 12, Sandeep Building, 11, Laxminarayan Lane, Matunga (C.R.), Mumbai – 400 019 Mr. Vivek Walavalkar, Advocate for Applicant. Mr. Rajesh S. Datar a/w Neel Helekar for Respondent No.1. CORAM: MADHAV J. JAMDAR, J. DATE : 27th JANUARY 2026 Page 1 of 48 Dusane 916-CRA-232-2017-.DOC JUDGMENT: 1. Heard Mr. Walavalkar, learned Counsel appearing for the Applicant and Mr. Datar, learned Counsel for the Respondent No.1. 2. By the present Civil Revision Application, the challenge is to the legality and validity of the Judgment and Decree dated 27 th August 2015 passed in R.A.E. Suit No. 828/1417/2001 by the learned Judge, Small Causes Court, Mumbai as also to the Judgment and Decree dated 7th January 2017 passed by the learned Appellate Court of Small Causes Court at Mumbai in Appeal No. 436 of 2015. 3. By the impugned Judgment and Decree dated 27 th August 2015, the eviction decree has been passed with respect to the suit premises on the ground of subletting and non-user and the same has been confirmed by the Judgment and Decree dated 7 th January 2017 passed by the learned Appellate Court. 4. At this stage only, it is required to note that an ex-parte decree has been passed against the Defendants