UNION OF INDIA AND ORS. vs MAHESHKUMAR GORDHANDAS GARODIA

Judgment text excerpt

Neeta Sawant CIVIL REVISION APPLICATION (ST.) NO. 23914 OF 2023 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION (ST.) NO. 23914 OF 2023 1. Union of India Ministry of Law & Justice & C.A. Department of Legal Affairs 2. Dy. Salt Commissioner 3. Joint Secretary ….. APPLICANTS (orig. Defendants) : VERSUS : Maheshkumar Gordhandas Garodia …. RESPONDENT (orig. Plaintiff) Mr. Anil Singh, Additional Solicitor General with Mr. Aditya Thakkar,Mr. D.P. Singh, Mr. Adarsh Vyas, Ms. Rama Gupta, Mr. Dhaval Shetia and Ms. Rupali Srivastav, for the Applicants. Mr. Aditya Bapat with Mr. S.A.K. Najam-es-sani i/b. Maneksha & Sethna, for the Respondent. CORAM : SANDEEP V. MARNE, J. Digitally signed by NEETA NEETA SHAILESH SHAILESH SAWANT JUDGMENT RESD. ON: 5 MARCH 2026. SAWANT Date: 2026.03.17 21:00:39 +0530 JUDGMENT PRON. ON : 17 MARCH 2026. JUDGMENT : 1) The Applicant-Union of India has invoked revisionary jurisdiction of this Court under Section 115 of the Civil Procedure Code, 1908 (the Code) for assailing order dated 11 November 2022 passed by _____________________________________________________________________________ PAGE NO. 1 OF 24 17 MARCH 2026 Neeta Sawant CIVIL REVISION APPLICATION (ST.) NO. 23914 OF 2023 the learned Judge, City Civil Court, Mumbai rejecting Notice of Motion No. 3788 of 2016. The Motion was filed by the Applicants seeking dismissal of the Suit on the ground that the same is rendered infructuous with a further direction for handing over possession of the suit land by the Plaintiffs. 2) The Plaintiff is lessees in respect of large tract of land admeasuring 251 acres and 21 gunthas within the limits of Village- Kanjur, in the then south Salsette Taluka of Bombay Suburban District bearing Survey Nos.13,14, 19, 20,21,