STEPHEN NOEL D'SOUZA vs SADASHIV RAKHMAJI BODAKE (DECEASED THRU LRS.)

Judgment text excerpt

SA 64-18.odt Amberkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 64 OF 2018 Stephen Noel D'Souza & Anr. Appellants .. (Org. Plaintiffs) Versus Sadashiv Rakhmaji Bodake (since deceased) through his LRs. Respondents 1A. Bharati Sadashiv Bodke & Ors. .. (Org. Defendants) ....................  Ms. Geeta Sonawane Rahate a/w Mr. Denzil D'Mello, Advocates for Appellants  Mr. Hrishikesh Sopan Shinde a/w. Pranav Vaidya, Advocates for Respondent Nos. 1A to 1D ................... CORAM : MILIND N. JADHAV, J. DATE : JANUARY 05, 2026 JUDGMENT: 1. Heard Ms. Sonawane, learned Advocate for Appellants and Mr. Shinde, learned Advocate for Respondent Nos. 1A to 1D. 2. By consent of the parties, present Second Appeal is taken up for final hearing. 3. Present Second Appeal assails concurrent Judgments passed by the learned Trial Court in Special Civil Suit No. 363 of 2010 dated 31.07.2012 which is upheld by the learned Appellate Court in Civil Appeal No. 532 of 2012 by judgment dated 05.05.2017. Both these judgments are appended to the present Second Appeal. Separate Appeal Paperbook containing the evidence recorded is also filed. 1 of 18 SA 64-18.odt 4. For the sake of convenience, Appellants shall be referred to as "Plaintiffs" and Respondents as "Defendants". 5. Original Suit is filed for specific performance of agreement dated 30.07.2007 by Plaintiffs. Defendant No. 1 is the owner of the Suit property. Defendant No. 2 is Dena Bank. It is a proforma party. Original Defendant No. 1 expired during the interregnum and proceedings are defended by his legal heirs namely Defendant Nos. 1A to 1D. Relevant facts in brief are as under:- 5.1. Suit property admeasure land having area of 0H 40R out of 50% of the ancestral property coming to the half sh