IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.171 OF 2010 IN SUIT NO.1642 OF 1984 WITH INTERIM APPLICATION [LODGING] NO.8008 OF 2026 IN APPEAL NO.171 OF 2010 Kanchan G. Rohira ...Appellant Versus Nirman Constructions Pvt. Ltd. …Respondent …..

WITH APPEAL NO.490 OF 2010 IN SUIT NO.1642 OF 1984 Suresh Bhagwandas Dhoot ...Appellant Versus Kanchan Gopal Rohira and others …Respondents -----

Mr. Shailesh Shah, Senior Advocate a/w. D. Banerji, Niranjan Jagtap i/b. M/s.

Niranjan Jagtap & Co. for the Appellant in Appeal No.171/2010 Mr. Simil Purohit, Senior Advocate a/w. Rubin Vakil, Faran Khan, Manish Doshi, Anjali Ajmera i/b. Vimadalal & Co. for the Appellant in Appeal No.490/2010 and for the Respondent No.4 in Appeal No.171/2010.

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CORAM : SARANG V. KOTWAL &

SANDESH D. PATIL, JJ.

RESERVED ON : 11^th MARCH, 2026 PRONOUNCED ON : 02^nd APRIL, 2026 JUDGMENT: [Per Sarang V. Kotwal, J.]

1. Both these Appeals are decided by this common judgment because they arise out of the same judgment and decree

Deshmane(PS)

dated 14.1.2010 passed in Suit No.1642/1984. For convenience, the parties are referred to by their original status in the Suit. Appeal No.171/2010 is p