2024:BHC-AS:41870 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10462 OF 2019 Mrs. Binaifer Batiwala alias Binaifer Lovji Malegam ….Petitioner (Orig. Defendant)

-Versus-

Kadambagiri Estates Pvt. Ltd. ...Respondent (Orig. Plaintiff)

_____________

Mr. Y.S. Jahagirdar, Senior Advocate i/b. Mr. Shailendra S. Kanetkar for Petitioner.

Mr. V.A. Thorat, Senior Advocate with Mr. Rohaan Cama, Mr. Kyrys Modi, Ms. Smruti Kanade, Ms. Jigisha Vadodaria & Ms. Masira Lulania i/b.

Negandhi Shah Himaytullah for Respondent No.1.

_____________

CORAM : SANDEEP V. MARNE, J. Reserved on : 11 October 2024.

Pronounced on : 21 October 2024.

JUDGMENT :

1) Writ Petition is filed challenging the judgment and decree dated 26 August 2019 passed by the learned District Judge-8, Pune in Regular Civil Appeal No.215 of 2010 allowing the Appeal and setting aside the judgment and decree dated 5 December 2009 passed by the learned Judge, Small Causes Court, Pune in Special Civil Suit No.30 of 2002. The Small Causes Court had dismissed Special Civil Suit No.30 of 2002 instituted by Respondent-Plaintiff on the ground of erection of permanent construction on the suit premises under provisio