KHANDU BAJABA GAWANDE (DECEASED) THR. LRS. SHAKUNTALA KHANDU GAWANDE vs DEORAM BAJABA GAWANDE AND ORS.

Judgment text excerpt

Neeta Sawant CRA 185 of 2023.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 185 OF 2023 Khandu Bajaba Gawande (since deceased through legal heirs) …..APPLICANTS : VERSUS : Deoram Bajaba Gawande (since deceased through legal heirs) and Ors. …..RESPONDENTS Mr. Rohit Joshi for the Applicants. Mr. Vishwajit N. Sagare for the Respondents. CORAM : SANDEEP V. MARNE, J. JUDG. RESD. ON: 17 FEBRUARY 2026 JUDG. PRON. ON: 05 MARCH 2026 JUDGMENT : 1) Revisionary jurisdiction of this Court under Section 115 of the Code of Civil Procedure, 1908 (Code) is invoked for assailing the judgment and order dated 9 December 2022 passed by the learned Judge, City Civil Court, Greater Bombay in S.C. Suit No. 3192/2012. The Suit is decreed directing the Applicants to restore possession of suit premises to the Plaintiffs and the Applicants are restrained from _______________________________________________________________________________________________ PAGE NO. 1 OF 27 05 MARCH 2026 Neeta Sawant CRA 185 of 2023.docx dispossessing the Plaintiffs from the suit premises without following due process of law and from disturbing their possession. 2) The case of the Plaintiffs, as pleaded in the plaint, is that Plaintiff No.1 was working with Food Corporation of India Limited and he purchased two premises in the year 1972-73 viz. i) Unit No. 219/8559 for residential purposes and ii) Unit No. 198/7796 for dispensary purposes, both at Kannamwar Nagar No. II, Vikhroli East, Mumbai – 400083. 3) Plaintiff No.1 claims himself to be a doctor with qualification of Ayurved Vaidya Visharad and it is claimed that he commenced his dispensary from premises bearing No. 198/7796, which formed the ‘suit premises’. The Defendant is the brother of Plaintiff No.1