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2023 Supreme(Online)(Bom) 1326

HIGH COURT OF BOMBAY
M. S. Sonak, J
Smt. Filomena Mudgal (since deceased), widow of Joseph Mudgal, through heirs – Appellant
Versus
Shri Joe Mahindra Monteiro – Respondent


Advocates:
For the Appellants/Petitioners: Mr Shukr Usgaonkar
For the Respondents: None

Table of Content
1. introduction of parties and context of dispute (Para 1 , 2)
2. details of the claim for injunction against interference (Para 3 , 4 , 5)
3. trial court's dismissal based on destruction of premises (Para 6 , 7)
4. formulation of substantial questions for appeal (Para 8 , 9 , 10)
5. supreme court ruling on the survival of tenancy rights (Para 14 , 15 , 18)
6. jurisdictional issues and ultimate decision of court (Para 24 , 25 , 28)

JUDGMENT:

1. Heard Mr Shukr Usgaonkar for the appellants. he respondents, though served, were neither present nor represented.

2. he appellants are the original plaintifs, and the respondents are the original defendants in Regular Civil Suit No.131/1998 instituted in the Court of the Civil Judge, Junior Division at Margao (Trial Court).

3. he appellants instituted the suit for injunction to restrain the respondents from interfering with the suit premises and/or dispossessing the appellants from the suit premises or blocking their access to the suit premises, or causing loss or damage to the suit premises either by demolishing the same or any portion thereof. he appellants had claimed in the suit that they were the tenants of the suit premises, of

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