Citation : 2026 Latest Caselaw 3608 Bom
Judgement Date : 9 April, 2026
WP-12072-23+WP-15729-22.doc
Sayali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.12072 OF 2023
SAYALI Sudhakar Trimbak Wagh since deceased
DEEPAK through Lrs. And Others ... Petitioners
UPASANI
V/s.
Digitally signed by
SAYALI DEEPAK Jai Himgiri Co-operative Housing
UPASANI
Date: 2026.04.09
17:56:07 +0530
Society Ltd and Others ... Respondents
WITH
WRIT PETITION NO.15729 OF 2022
Jai Himgiri Co-operative Housing
Society Ltd and Others ... Petitioners
V/s.
Sudhakar Trimbak Wagh since deceased
through Lrs. And Others ... Respondents
None Present for the petitioners and respondents.
CORAM : AMIT BORKAR, J.
DATED : APRIL 09, 2026
P.C.:
1. Not on board. At the instance of Registry, the matter is taken on board for the speaking to the minutes of the judgment dated 12th March, 2026.
2. Entire Cause Title of writ petition No.12072 of 2023 and writ petition No. 15729 of 2022, be corrected and read as follows:-
WP-12072-23+WP-15729-22.doc
WRIT PETITION NO. 12072 OF 2023
1. Sudhakar Trimbak Wagh Since deceased through legal heirs 1(a). Jayashree Sudhakar Wagh Age- 69 years, Oc. Household. 1 (b).Pranavkumar Sudhakar Wagh Age-37 years, Occu- Service Both resident of A- 101, Ashapura CHS Ltd., Plot No. 3, Off Palm Beach Road, Near Moran Residency, Sector 10, Sanpada, Navi Mumbai, Thane, Maharashtra- 400705 ....Petitioners
Vs.
1. Jai Himgiri Co-operative Housing Society Ltd., having its registered office at Type III-A, 27/314, R.C.F. Colony, Chembur, Mumbai 400074.
2. Mr. Narendra Bhiwaji Ugalmugle, since deceased, Through L/Rs.
2(a). Mandakini Narendra Ugalmugle, Age 78 (approx.) Adult, Occ.: House Keeping.
2(b). Ajay Narendra Ugalmugle, Age 57 Adult, Occ.: Service, 2A & 2B residing at Flat No. A-12, Jai Himgiri Co-operative Housing Society Ltd. Plot No. 1 & 2, Survey No. 14, C.T.S. No. 470 , Swastik Park, Near Eastern Express High Way, Chembur, Mumbai - 400074.
WP-12072-23+WP-15729-22.doc
3. Mohansing Amarsingh Raghuwashi, Age 74 years, Occ.: Retired, residing at Flat No. B-5 Jai Himgiri Co-operative Housing Ltd., Plot No. 1 & 2, Survey No. 14, C.T.S No. 470, Swastik Park, Chembur, Mumbai - 400 074.
4. Vijay Parsuram Jadhav, Age : 74 years, Occ.: Retired, residing at A/10, Jai Himgiri Co-operative Housing Society Ltd. Plot No. 1 & 2, Survey No. 14, C.T.S. No. 470, Swastik Park, near Eastern Express High way, Chembur, Mumbai - 400074.
5. Kashinath Bhikaji Kadam, since deceased through L/Rs. 5(a). Smita Kashinath Kadam, Age 75 years, Occ.: Retired, (widow of proposed applicant 5) 5(b). Mr. Ahiraj Kashinath Kadam Occ. Service Son of Proposed Applicant
5(c). Mr. Yogiraj Kashinath Kadam Occu-Service (Son of Proposed Applicant No.5) Proposed Applicant No. 5(a) to (5c) are Residing at A/8, Jai Himgiri Cooperative Housing Society, Ltd. Plot No. 1 & 2 Surey No. 14, C.T. S. No. 470, Swastik Park, Near Eastern Express High way, Chembur, Mumbai- 400071.
5(d). Mrs. Madura Parmanand Sawant (Married daughter of proposed Applicnat 5) Residing at 904, Girnar C.H.S. Ltd, Ram Tekdi, Shiwadi, Mumbai 400015.
WP-12072-23+WP-15729-22.doc
6. Vijay Atmaram Sawant Age 76, Adult, Occ.- Retired, Residing at B/03, Jai Himgiri Cooperative Housing Society Ltd, Plot No. 1 & 2, Survey No. 14, C.T.S. No. 470, Swastik Park, Near Eastern Express High way, Chembur, Mumbai- 400074 ... Respondents WITH WRIT PETITION NO. 15729 OF 2022
1. Jai Himgiri Co-operative Housing Society Ltd., having its registered office at Type III-A, 27/314, R.C.F. Colony, Chembur, Mumbai 400074.
2. Mandakini Narendra Ugalmugle, Age : 72 years Adult, R/o A/12, Jai Himgiri Co-operative Housing Society Ltd. Survey No. 14, C.T.S. No. 470 , Swastik Park, , Chembur, Mumbai - 400074.
3. Ajay Narendra Ugalmugle, Age : 58 years Adult, R/o A-12, Jai Himgiri Co-operative Housing Society Ltd. Survey No. 14, C.T.S. No. 470 , Swastik Park, Chembur, Mumbai - 400074.
4. Mohansing Amarsingh Raghuwashi, Age : 76 years Adult, R/o. Type III-A, 13/51, R.C.F. Colony, Chembur, Mumbai 400 074.
5. Vijay Parsuram Jadhav, ... Petitioners Age : 76 years, Occ.: Retired, residing at Ori. Appellants/ A/10, Jai Himgiri Co-operative Housing Opponent Nos.
1, 2(a), 2(b), Society Ltd., 1st Floor, Plot No. 1 & 2, (3)and(4)
WP-12072-23+WP-15729-22.doc
Survey No. 14, C.T.S. No. 470, Chembur, Mumbai - 400074. respectively.
V/s.
1. Sudhakar Trimbak Wagh, Since deceased through legal heirs 1(a) Jayashree Sudhakar Wagh, Age : 69 years, Occ.: Household 1(b) Pranavkumar Sudhakar Wagh, Age 37 years, Occ. Service both 1(a) & 1(b) resident of Address :
A 101, Ashapura CHS Ltd. Plot No.3, Off Palm Beach Road, Near Moran Residency, Sector 16, Sanpada, Navi Mumbai, Thane, Maharashtra 400 705
2. Madhura Parmnand Sawant, Age : Adult, R/a 904, Girnar CHS Ltd. Ram Tekdi, Shivadi, Mumbai 400015.
3. Smita Kashinath Kadam, Age : 75 years,
4. Abhiraj Kashinath Kadam, Occ. Service,
5. Yogiraj Kashinath Kadam, Nos. 2 to 4, R/o. A/8, Jai Himgiri Co- operative Housing Ltd. Ground Floor, Plot Nos. 1 & 2, Survey No. 14., CTS No. 470, Chembur, Mumbai 400 074.
6. Vijay Atmaram Sawant, Respondents Age : Adult, (Ori.
R/o. : B/03, Jai Himgiri Co-operative Respondent Housing Society Ltd., 1st floor, Plot Nos. Nos. 1, 2, 5(a)
Chembur, Mumbai 400 074. ...6)
3. Rest of the order remains unaltered.
4. The judgment dated 12th March, 2026, be corrected and uploaded accordingly.
(AMIT BORKAR, J.)
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