Final Order 3

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. Mr. Vinayak Mukund Madhekar of Pune
aged 60 years, Occupation : Business
Indian Inhabitant.
4. Me-Sanjay Mukund Madhekar of Pune (Deleted),
aged 50 years, Occupation : Business
Indian Inhabitant.
All residing at 3, Saikunj, 11, Rambaug Colony
Paud Road, Pune — 411 038.
4.1) Mrs Aparna Sanjay Madhekar
aged 57 years Occ.- Housewife
Widow of Late Sanjay M. Madhekar
4.2) Miss. Manasai Sanjay Madhekar
aged 23 years Occ.- Student
Only child of Late Mr. Sanjay Madhekar
Both residing at 3, Saikunj, 11, Rambaug
Colony Paud Road, Pune — 411 038.
5. Mrs Anjali Anand Junnarkar of Pune
aged 62 years, Occ.- Housewife,
Indian Inhabitant
residing at 2, Lalat, Swarangari, .... Appellants
Sinhgad Road, Pune 411051 (Orig. Plaintiffs)
Versus
1. Mrs. Vimala Padmakar Jape of Mumbai
aged about 76 years Occupation : Business,
Indian Inhabitant
2. Mr. Jayant Padmakar Jape of Mumbai
aged about 45 years Occupation : Service
Indian inhabitant
/nome/clerk41/Documents/2026/5 Decree/1 January 2026/13. Al Appeal 18 of 2025 in RAE Suit No 90 of 2017 S.S. Dharse, Clerk-Typist
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3. Mr. Sandeep Padmakar Jape of Mumbai
aged about 43 years Occupation : Service
Indian Inhabitant
All residing at A-23-a Kalpataru Sparkle,
MIG Co-op. Hsg. Society, Group II, Nana
Dharmadhikar Road, Gandhi Nagar, .... Respondents
Bandra (East), Mumbai 400 051. (Orig. Defendants)
Adv. Ms. Pranjali Bhandari I/By Johnson John, Adv. for Appellants.
Adv. Mrs. Devika Purav, Adv. for Respondents.
Coram : Shri. Ashish. A. Ayachit,
Addl. Chief Judge &
D. R. Mali, Judge.
Court Room No. 41 (B.B.)
Date : 22.01.2026.
Claim : Rs. 3,21,226/-
DECREE
The Appellant above named (Plaintiff) filed Appeal to the Court of Small
Causes at Mumbai, Bandra Branch from Judgment and Decree of Learned
Trial Judge R. R. Kale, Judge presiding in Court Room No. 35 (BB) dtd.
13.01.2025 on the ground mentioned in the Memorandum of Appeal filed
therein and this Appeal came for hearing and final disposal on 22™* January,
2026 before Shri. Ashish. A. Ayachit, Additional Chief Judge and Shri. D. R.
Mali, Judge, C.R. No. 41.
ORDER
1. The appeal is allowed.
2. The impugned judgment and decree passed by the learned trial
court in R.A.E. Suit No. 90 of 2017 dated 13.01.2025, Court Room
No. 35 (Bandra Branch), are hereby quashed and set aside.
3. The suit is restored and remanded to the Court of Small Causes,
Court Room No. 35, 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.
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5. The learned trial court shall be at liberty to recast the issues, if
necessary, in view of the pleadings and defences raised by the
parties.
6. The parties are directed to remain present before the learned trial
court on 31.01.2026.
7. Adecree in this appeal be drawn accordingly.
The parties shall bear their own costs of this appeal.
The Record and Proceedings be returned and the judgment be
communicated to the learned trial court forthwith.
I agree
A Sd/- Sd/-
ry (D. R. Mali) (Ashish. A. Ayachit)
gE Judge Additional Chief Judge
C. R. No. 41 C. R. No. 41
22.01.2026 22.01.2026
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13. Al Appeal 18 of 2025 in RAE Suit No 90 of 2017
IN THE COURT OF SMALL CAUSES AT BOMBAY
(BANDRA BRANCH)
(APPELLATE COURT)
(CNR No.MHSCA30002582025)
Al Appeal No. 18 of 2025
RAE Suit fio, 90 of 2017
BILL OF COSTS
Sr. Particulars Appellant Respondent
No. Rs. Ps. Rs. Ps.
1 |Stamp on Appeal Memo 11030} 00 00; 00
2 |Stamp on VP 10; 00 10; 00
3 |Stamp on Applications 15| 00 05) 00
4 |Pleader's Fee 410} 00 410| 00
5 |Service of Process 15; 00 00| 00
Total 11480; 00 425| 00
Court No. 41
Signature of Adv for Appellant :
Signature of Adv for Respondent :
/nome/clerk41/Documents/2026/5 Decree/1 January 2026/13. A1 Appeal 18 of 2025 in RAE Suit No 90 of 2017 S.S. Dharse, Clerk-Typist
Given under our hand and Seal of the Court
This 22" January, 2026
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