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2026 Supreme(Bom) 166

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Darryl D’Monte (deleted since deceased) – Appellant
Versus
Vadilal Kunverji Gada – Respondent


Advocates Appeared:
For the Applicant :Mr. N.V. Walawalkar, Senior Advocate i/b. Ms. Samaa Shah, Mr. Nusrat Shah with Mr. Kevin Gala, Ms. Sayali Ramugade i/b. Ms. Samaa Shah.
For the Respondents: Mr. Mayur Khandeparkar with Mr. Aseem Naphade, Ms. Kausar Banatwala, Mr. Pratik Shah and Ms. Sneha Mahawar i/b. Mr. Tushar A. Goradia, Mr. Rohan Savant, with Mr. Ashish Dube, Mr. Ashok Chopra, Ms. Gayatri Gupta and Mr. Aman Saraf, Ms. Tasneem Azmi I /b. Mr. Rajiv Mane, Ms. Ema Almeida with Ms. Archana Jha.

JUDGMENT :

SANDEEP V. MARNE, J.

1) These two Revision Applications challenge the common judgment and order dated 4 May 2022 passed by the Appellate Bench of the Small Causes Court in Appeal Nos. 27 of 2019 and 28 of 2019. By the impugned order, the Appellate Bench has allowed the Appeals and has set aside the judgment and order dated 3 November 2018 passed by the Learned Judge, Small Causes Court in Obstructionist Notice No. 15 of 2006 filed in T.E. & R. Suit No. 66 of 2002 and the said Obstructionist Notice filed by the Applicant has been dismissed. By its judgment and order dated 3 November 2018, the learned Judge of the Small Causes Court had allowed Obstructionist Notice No. 15 of 2006 filed by the Applicants/Plaintiffs and had directed Obstructionist Nos.1, 4, 5 and 6 to remove themselves from Gala No.1 i.e. Shop No.1 from the suit plot and handover vacant possession thereof to the Applicant/Plaintiffs. The Small Causes Court had further directed Obstructionist No.2 to remove itself from Gala No.2 i.e Shop No.2 in the suit plot and handover vacant possession thereof to the Applicants/Plaintiffs. Obstructionist No.3 was directed to remove itself from Gala No.3 i.e. Shop No.3 by h

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