RAMESH BHASKAR UTTURKAR and ORS. vs UNMESH TRIMBAK NARAVANE and ANR.

Judgment text excerpt

2026:BHC-AS:22851 Diksha Rane WP 4229-2001.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4229 OF 2001 1. RAMESH BHASKAR UTTURKAR (SINCE ) DECEASED) ) 1a. Smt. Sunanda Ramesh Utturkar ) 1b. Mr.s Aditi Anand Gadgil ) 1c. Ms. Aparna Ramesh Utturkar ) 2. ASHOK BHASKAR UTTURKAR (SINCE ) DECEASED) ) 3. ANIL BHASKAR UTTURKAR ) 4. SUBHASH BHASKAR UTTURKAR ) 5. SMT. INDIRABAI BHASKAR UTTURKAR ) (SINCE DECEASED) ) 6. MRS. PRATIBHA VINAYAK GOKHALE )..PETITIONERS VS. 1. UNMESH TRIMBAK NARAVANE ) 2. MS. RUJUTA TRIMBAK NARAVANE )..RESPONDENTS ------------ Dr. Virendra Tulzapurkar. Senior Counsel i/b. Adv. Y. s. Bhate, Adv. Viraaj Y. Bhate for the petitioners. Adv. Pradeep Thorat a/w. Adv. Drupad Patil, Adv. Hemang Raythatha, Adv. Sunil Gangan, Adv. Swapnil Shikhare, Adv. Manav Chetwani i/b. RMG Law Associates for the respondents. ------------ CORAM : RAJESH S. PATIL, J. RESERVED ON : 22 APRIL 2026. PRONOUNCED ON : 8 JUNE 2026 1 Diksha Rane WP 4229-2001.doc JUDGMENT : 1) The present Writ Petition filed under Article 227 of the Constitution of India challenges the impugned judgment and decree dated 6 February 2001, passed by the Appellate Bench of the Small Causes Court, which allowed the appeal filed by the respondents thereby reversing the judgment and decree passed by the trial Court. FACTS: 2) The suit premises is a shop bearing No.250B, situated at ground floor of Godavari Bhuvan, L.J. Road, Dadar (West), Mumbai – 400 208, admeasuring about 250 sq.ft. The petitioners are the tenant, and the respondents are the landlords of the suit premises. For sake of convenience, parties are referred to as tenants and landlords hereinafter. 2.1) In the year 1944, tenancy was created in favour of the petitioners’ father for monthly rent of Rs.30/-,