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2024 Supreme(Bom) 288

MILIND N. JADHAV
Salasar Estate Developers LLP – Appellant
Versus
Rufina Walter Gomes – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Virag Tulzapurkar, Sr. Advocate a/w Mr. Aditya Shiralkar, Ms. Disha Shetty and Mr. Rahul Deshpande i/by Wadia Ghandy, Mr. Sandesh D. Patil a/w Mr. Chintan Y. Shah & Ms. Divya Pawar
For the Respondent: Mr. Sandesh Deshpande

JUDGMENT :

1. Heard Mr. Tulzapurkar, learned Senior Advocate along with Mr. Shiralkar, learned Advocate for Petitioners in WP/15436/2023, Mr. Patil, learned Advocate for Petitioners in WP/1124/2024 & Mr. Deshpande, learned Advocate for Respondents in both Writ Petitions. Both Petitions challenge the same set of common orders and are heard together and disposed of by this common judgment finally by consent of parties.

2. Writ Petition No. 15436/2023 is filed by Salasar Estate Developers LLP who is Defendant No. 2 in the Suit filed by Plaintiffs which is Regular Civil Suit No. 954/2016. Writ Petition No. 1124/2024 is filed by heirs of one Martha Joseph Gomes who are arrayed against Defendant No. 1 in the Suit proceedings. Reliefs prayed for in the Suit are at page Nos. 217-220 of the Writ Petition wherein Suit plaint has been annexed. Defendant No. 4 is supporting the Plaintiffs in the Trial Court. Suit proceeds on the basis that suit property being New Survey No. 180, Hissa No. 4, area admeasuring 7850 sq. mtrs. Situated at Village Navghar, Bhayandar (E), Taluka & District Thane belong to the Plaintiffs and Defendant No. 4. Suit is filed for declaration, partition, demarcation, posses

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