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Appeal A1

Malti Mukund Madhekar (Deleted) +6 moreVsVimala Padmakar Jape +2 more

CNR MHSCA3000258202541-Judge C.R. No. 41
Bandra, Small Causes Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--Judgement
Decision Date: 22nd January 2026

TrustJury record updated 10 Oct 2026

Case Overview

Registration Number
100018/2025
Registration Date
17 Mar 2025

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    10

    Acts & Sections

    1
    Maharashtra Rent Control Act · Sec U/s34

    Case History / Proceedings

    Case History
    Date: 26-03-2025
    Business: Resumed,
    Appellant No. 3 present. Adv. for Appellant present.
    Court busy in Argument matter 2a Appeal No. 41 of 2008.
    Adj. for Admission.
    Next Purpose: Admission at 11.00 A.M.
    Next Hearing Date: 07-04-2025
    
    Date: 07-04-2025
    Business: Resumed,
    Appellant No. 1 present. Adv. absent.
    Order passed on Exh. 1.
    O- Appeal is admitted. Issue notice to Respondents on P.F.
    Adj. for Alias as per Exh. 1.
    Next Purpose: Unserved at 11.00 A.M.
    Next Hearing Date: 09-06-2025
    
    Date: 09-06-2025
    Business: Resumed,
    Appellant No. 3 and his Adv. present. Adv. for Respdt No. 1 and 3 present.
    Exh. 8/D- S.V. of Adv. Devika M. Purav filed for Respdt No. 1 and 3.
    Adj. for Appearance of Respdt No. 2 and Heg. by Respdt No. 1 and 3.
    Next Purpose: Hearing at 11.00 A.M.
    Next Hearing Date: 27-06-2025
    
    Date: 27-06-2025
    Business: Resumed,
    Appellant No. 3 and his Adv. present. H/Adv. for Respdt No. 1 and 3 present.
    Exh. 9/D- Application for direction to Respdt to carry out work as stated by society filed by Appellant.
    Adj. for Say on Exh. 9 / Appearance of Resdpt No. 2 / Heg. by Respdt No. 1 and 3.
    Next Purpose: Hearing at 11.00 A.M.
    Next Hearing Date: 04-07-2025
    
    Date: 04-07-2025
    Business: Resumed,
    Appellant and his Adv. present. Adv. for Respdt No. 1 present.
    Exh. 10/D- Reply filed by Respdt No. 1.
    Exh. 11/D- Reply to Exh. 9 filed by Respdt No. 1.
    Adj. for Heg. on Exh. 9 / Appearance of Resdpt No. 2 / Heg. by Respdt No. 1 and 3.
    Next Purpose: Hearing at 11.00 A.M.
    Next Hearing Date: 22-07-2025
    
    Date: 22-07-2025
    Business: Resumed.
    Appellant no 3 and his adv present. Adv Devika Purav for Respdt no 1 and 3 present.
    Exh 12/D- Affidavit in reply filed by Respdt no 3.
    Exh 13/D- Rejoinder filed by Appellant.
    Adj for Hg on Exh 9/ appearance of Respdt no 2/ Hg by Respdt no 1 and 3.
    Next Purpose: Hearing at 11.00 A.M.
    Next Hearing Date: 05-08-2025
    
    Date: 05-08-2025
    Business: Shri D.R.Mali,Judge is on leave. Charge before special Bench Shri A.A.Ayachit, Addl Chief Judge and Shri S.H.Inamdar,Judge.
    Appellant no 1c and his holding adv Pranjali Bhandari present. Holding adv Neha Mishra for Respdt present.
    Adj for Hg on Exh 9/ Appearance of Respdt no 2/ Hg by Respdt no 1 and 3.
    Next Purpose: Hearing at 11.00 A.M.
    Next Hearing Date: 19-08-2025
    
    Date: 19-08-2025
    Business: Resumed.
    Appellant absent, his adv present. Respondent and adv absent.
    Due to heavy rainfall, it will not be proper to pass any adverse order. Hence adj for Hg on Exh 9/ Appearance of Respdt no 2/ Hg by Respdt no 1 and 3.
    Next Purpose: Hearing at 11.00 A.M.
    Next Hearing Date: 26-08-2025
    
    Date: 26-08-2025
    Business: Shri.Ashish A.Ayachit ,ACJ is on leave. Charge before Special Bench Shri S.H.Inamdar, Judge and Shri D.R.Mali Judge.
    Appellant and his adv absent. Holding adv Devika Purav for Respdt no 1 and 3 present.
    Adj for Hg on Exh 9/ Appearance of Respdt no 2/ Hg by Respdt no 1 and 3.
    Next Purpose: Hearing at 11.00 A.M.
    Next Hearing Date: 23-09-2025
    
    Date: 23-09-2025
    Business: Resumed.
    Adv for Appellant present. Adv for Respdt present.
    B.C Adj for Hg in Exh 9/ Appearance of Respdt no 2/ Hg by Respdt no 1 and 3.
    Next Purpose: Hearing at 11.00 A.M.
    Next Hearing Date: 14-11-2025
    
    Date: 14-11-2025
    Business: Resumed.
    Appellant no 1 present. Adv Devika Purav for Respdt no 1 and 3 present.
    On request of Appellant.
    Adj for Hg in Exh 9 ( carry out works)/ Appearance of Respdt no 2/ Hg by Respdt no 1 and 3.
    Next Purpose: Hearing at 11.00 A.M.
    Next Hearing Date: 09-01-2026
    
    Date: 09-01-2026
    Business: Resumed.
    Adv Pranjali Bhandari i/b Jhonson John  for Appellant present. Adv Devika Purav for Respdt no 1 and 3 present.
    Adj for Hg on Exh 9 ( carry out works)/ Appearance of Respdt no 2/ Hg by Respdt no 1 and 3.
    Next Purpose: Hearing at 11.00 A.M.
    Next Hearing Date: 20-01-2026
    
    Date: 20-01-2026
    Business: Resumed.
    Appellant no 1 present. Adv Pranjali Bhandari i/b Johnson John for appellant present. Adv Devika Purav for Respdt no 1 and 3 present.
    Exh 14/D- Written argument filed by Respdt no 1 and 3.
    Heard argument by Adv Pranjali Bhandari for Appellant. ( 12.25 to 12.45 p.m.)
    Exh 15/D- List of citations filed by Appellant.
    Heard argument by Adv Devika Purav for Respdt no 1 and 3. (12.45 to 12.55 p.m.)
    Adj for Judgement with Exh 9.
    Next Purpose: Judgment at 11.00 A.M.
    Next Hearing Date: 21-01-2026
    
    Date: 21-01-2026
    Business: Shri D.R.Mali,Judge is on leave. Charge before special bench as per office order no 130/2019, Shri Ashish A.Ayachit,Addl .Chief Judge and Shri P.P.Naigaonkar,Judge.
    Appellant no 1 and his adv present. Adv Devika Purav for Respdt no 1 and 3 present.
    Exh 15/D- List of document filed by Appellant.
    Adj for Judgement with Exh 9.
    Next Purpose: Judgment at 11.00 A.M.
    Next Hearing Date: 22-01-2026
    
    Date: 22-01-2026
    Business: Resumed,
    Appellant No. 1 and his Adv. present. Respdt and his Adv. absent.
    Judgment pronounced in open Court.
    Exh. 17/A-Judgement - 1. The appeal is allowed. 2. The impugned judgment and decree passed by the learned trial court in RAE Suit No. 90 of 2017 dated 13.01.2025, Court Room No. 36 (Bandra Branch), are hereby quashed and set aside. 3. The suit is restored and remanded to the Court of Small Causes, Court Room No. 36, Bandra Branch, for fresh hearing and decision in accordance with law. 4. The suit shall be restored to its original number and the parties shall be afforded an opportunity to adduce evidence, if any, on the issue of res judicata and all other issues, which shall be decided afresh. 5. The learned trial Court shall be at liberty to recast the issues, if necessary, in view of the pleading and defences raised by the parties. 6. The parties are directed to remain present before the learned trial court on 31.01.2026. 7. A decree in this appeal be drawn accordingly. 8. The parties shall bear their own costs of this appeal. 9. The Record and proceeding be returned and the judgment be communicated to the learned trial court forthwith.
    Nature Of Disposal: Judgement
    Disposal Date: 22-01-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 260/2025
    Filing Date: 17-03-2025
    eFiling Number: AMH20240129003C202500001
    eFiling Date: 10-03-2025
    First Hearing Date: 26th March 2025
    Decision Date: 22nd January 2026
    Court Number And Judge: 41-Judge C.R. No. 41

    Orders

    2
    Final Order 3Full order available
    22 Jan 2026

    Order Details: Decree Pdf Text: 1 13, Al Appeal 18 of 2025 in RAE Suit No 90 of 2017 IN THE COURT OF SMALL CAUSES AT BOMBAY op(BANDRA BRANCH) es(APPELLATE COURT) (CNR No.MHSCA30002582025) Al Appeal No. 18 of 2025 Eh 13 I rs In RAE Suit No. 90 of 2017 1. Mes-Malti Melkund Madhekat of Pune (Deleted) aged 81, Occupation : Housewife Indian Inhabitant 2. Mr. Nandakishore Mukund Madhekar of Pune aged 66 years, Occupation : Business Indian Inhabitant. 3.…

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    Final Order 1Full order available
    22 Jan 2026

    Order Details: Copy of Judgment Pdf Text: CNR No. MHSCA3-00-0258-2025 Presented on : 17.02.2025. Registered on : 17.03.2025. Decided on : 22.01.2026. Duration : Yrs. Mths. Days 0 11 5 IN THE COURT OF SMALL CAUSES, AT MUMBAI (APPELLATE BENCH) (BANDRA BRANCH) A1 APPEAL NO. 18 of 2025 IN R.A.E. SUIT NO. 90 OF 2017 1. Mrs Malti Mukund Madhekar of Pune (Deleted) 2. Mr. Nandakishore Mukund Madhekar of Pune aged 66 years, Occupation : Business Indian Inhabitant. 3. Mr.…

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