Citation : 2026 Latest Caselaw 32 Bom
Judgement Date : 5 January, 2026
1-SA-251-2022+.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.251 OF 2022
WITH
CIVIL APPLICATION NO.288 OF 2019
WITH
CIVIL APPLICATION NO.1529 OF 2018
WITH
CIVIL APPLICATION NO.40 OF 2022
WITH
CIVIL APPLICATION(ST) NO.5789 OF 2019
Runwal Constructions Registered Partnership ...Appellant
Firm
Versus
Bharat Shah ...Respondent
WITH
SECOND APPEAL NO.252 OF 2022
WITH
CIVIL APPLICATION (ST) NO.36521 OF 2018
WITH
CIVIL APPLICATION NO.1520 OF 2018
Runwal Constructions Registered Partnership ...Appellant
Firm and Omkar Esquare
Versus
Neha Arvind Nadkarni & Anr. ...Respondents
WITH
SECOND APPEAL NO.253 OF 2022
WITH
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CIVIL APPLICATION NO.1526 OF 2018
WITH
CIVIL APPLICATION NO.41 OF 2022
Runwal Constructions Registered Partnership ...Appellant
Firm and Omkar Esquare
Versus
Nitin Korgaonkar ...Respondent
WITH
SECOND APPEAL NO.254 OF 2022
WITH
CIVIL APPLICATION NO.1521 OF 2018
WITH
CIVIL APPLICATION NO.42 OF 2022
Runwal Constructions Registered Partnership ...Appellant
Firm and Omkar Esquare
Versus
Pravir Karmokar ...Respondent
WITH
SECOND APPEAL NO.255 OF 2022
WITH
CIVIL APPLICATION NO.43 OF 2022
WITH
CIVIL APPLICATION NO.1530 OF 2018
Runwal Constructions Registered Partnership ...Appellant
Firm and Omkar Esquare
Versus
Garfield Deepak Dsouza ...Respondent
WITH
SECOND APPEAL NO.256 OF 2022
Page 2
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WITH
CIVIL APPLICATION NO.1532 OF 2018
WITH
CIVIL APPLICATION NO.44 OF 2022
Runwal Constructions Registered Partnership ...Appellant
Firm and Omkar Esquare
Versus
Sathish Kumar & Ors. ...Respondents
WITH
SECOND APPEAL NO.257 OF 2022
WITH
INTERIM APPLICATION NO.3352 OF 2019
WITH
CIVIL APPLICATION NO.45 OF 2022
WITH
CIVIL APPLICATION NO.1523 OF 2018
Runwal Constructions Registered Partnership ...Appellant
Firm and Omkar Esquare
Versus
Satish Maruti Shirsekar ...Respondent
WITH
SECOND APPEAL NO.258 OF 2022
WITH
CIVIL APPLICATION NO.46 OF 2022
WITH
CIVIL APPLICATION NO.1531 OF 2018
Runwal Constructions Registered Partnership ...Appellant
Firm and Omkar Esquare
Versus
Page 3
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Sudhir Ray ...Respondent
WITH
SECOND APPEAL NO.259 OF 2022
WITH
CIVIL APPLICATION NO.47 OF 2022
WITH
CIVIL APPLICATION NO.1524 OF 2018
Runwal Constructions Registered Partnership ...Appellant
Firm and Omkar Esquare
Versus
Prachi Chindarkar ...Respondent
WITH
SECOND APPEAL NO.260 OF 2022
WITH
CIVIL APPLICATION NO.48 OF 2022
WITH
CIVIL APPLICATION NO.1527 OF 2018
Runwal Constructions Registered Partnership ...Appellant
Firm and Omkar Esquare
Versus
Samira Sultana Halim Mohammed ...Respondent
WITH
SECOND APPEAL NO.261 OF 2022
WITH
CIVIL APPLICATION NO.1528 OF 2018
WITH
CIVIL APPLICATION NO.49 OF 2022
Runwal Constructions Registered Partnership ...Appellant
Firm and Omkar Esquare
Page 4
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Versus
Parag Chandrakant Sawant & Anr. ...Respondents
Mr. Ditendra Mishra, for the Appellant.
Mr. Anjani Kumar Singh i/b. Ms. Asmita S. Jaiswal, for the
Respondents.
CORAM: MADHAV J. JAMDAR, J.
DATED : 5th JANUARY 2026 P. C.:
1. This matter was reserved for judgment on 19 th September
2025. While preparing draft judgment, this Court noticed Rule 8 of
the Maharashtra Real Estate Appellate Tribunal (Members, Officers
and Employees) (Appointment and Service Conditions), Rules
2017. The said Rule may have bearing on one of the substantial
question of law concerning the jurisdiction of the Maharashtra
Revenue Tribunal to decide the Appeals in view of second proviso
to Section 43(4) the Real Estate (Regulation and Development)
Act, 2016. The said Rule was not brought to the notice of this
Court by both the sides. As the said Rule has some bearing, the
matter is listed today under the caption "for direction".
2. Both the learned Counsel seek time to address on the said
issue.
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1-SA-251-2022+.DOC
3. At their request, stand over to 8th January 2026.
[MADHAV J. JAMDAR, J.]
Page 6 Sonali
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