Romualdo Dsouza vs Roozbeh Mundegar Aga — Bombay HC (2025) — LawSathi Research

Romualdo Dsouza vs Roozbeh Mundegar Aga — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned Judgment and Decree dated 5th May 2025 of the learned Appellate Court of Small Causes Court, Mumbai in Appeal No.22 of 2022 quashed and set aside by consent; Appeal remanded to the learned Appellate Court for fresh disposal within six months; stay of the Trial Court decree to continue during pendency of the Appeal subject to compliance with the order dated 21st July 2022 below Exhibit-6; Respondent at liberty to execute the Trial Court decree if arrears per that order are not deposited within 15 days; no order as to costs.

Issue for consideration

Whether certain evidence was not taken into consideration by the learned Appellate Court while deciding Appeal No.22 of 2022 (ground urged by the Applicant; not adjudicated here — merits expressly kept open and matter remanded).

Court's answer

By consent of the parties, the impugned Judgment and Decree dated 5th May 2025 passed by the learned Appellate Court of Small Causes Court, Mumbai in Appeal No.22 of 2022 is quashed and set aside, and the said Appeal is remanded to the learned Appellate Court.

Ratio / Principle

The learned Appellate Court is requested to dispose of Appeal No.22 of 2022 afresh within a period of six months.

Key takeaways

The stay to the impugned Judgment and Decree of the learned Trial Court shall remain in operation during the pendency of the Appeal, provided the Applicant complies with the order dated 21st July 2022 passed by the learned Appellate Court below Exhibit-6 in Appeal No.22 of 2022.ratio¶¶19
If arrears as per the order dated 21st July 2022 are not deposited within a period of 15 days, the Respondent is at liberty to execute the decree of the learned Trial Court.ratio¶¶24

Detailed headnote1 paragraphs

Bombay High Court (Madhav J. Jamdar, J.), Civil Revision Application No.443 of 2025 — Romualdo D’souza v. Roozbeh Mundegar Aga: by consent of the parties, the Judgment and Decree dated 5 May 2025 of the Appellate Court of Small Causes Court, Mumbai in Appeal No.22 of 2022 was quashed and set aside and the Appeal remanded for fresh disposal within six months, the Applicant having contended that certain evidence had not been taken into consideration by the Appellate Court. The stay of the Trial Court decree continues during the pendency of the Appeal subject to the Applicant's compliance with the Appellate Court's order dated 21 July 2022 below Exhibit-6; if arrears under that order are not deposited within 15 days, the Respondent may execute the Trial Court decree. The Court expressly did not consider the merits and kept all contentions open; the Civil Revision Application was disposed of with no order as to costs.

908-CRA-443-2025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

CIVIL REVISION APPLICATION NO.443 OF 2025

Romualdo D’souza …Applicant Versus Roozbeh Mundegar Aga …Respondent

Mr. Suhas S. Deokar, for the Applicant. Mr. V. Y. Sanglikar a/w. Ms. Archana D. Gaware, for the Respondent.

CORAM: MADHAV J. JAMDAR, J. DATED : 17^th SEPTEMBER 2025

PC:-

Heard Mr. Deokar, learned Counsel appearing for the Applicant and Mr. Sanglikar, learned Counsel appearing for the Respondent.

As Mr. Deokar, learned Counsel appearing for the Applicant

has pointed out that certain evidence has not been taken into consideration by the learned Appellate Court, Mr. Sanglikar, learned Counsel appearing for the Respondent, on the instructions of the Respondent, who is personally present in Court states that by consent of the parties, the impugned Judgment and Decree of

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908-CRA-443-2025.DOC

the learned Appellate Court be set aside and the matter be remanded back to the learned Appellate Court.

Accordingly, by consent of the parties, the following order is passed:

ORDER

(a) The impugned Judgment and Decree dated 5^th May 2025 passed by the learned Appellate Court of Small Causes Court, Mumbai in Appeal No.22 of 2022 is quashed and set aside and the said Appeal is remanded to the learned Appellate Court.

(b) Learned Appellate Court is requested to dispose of the said Appeal afresh within a period of six months from today.

(c) It is made clear that the stay to the impugned Judgment and Decree of the learned Trial Court shall remain in operation during the pendency of the Appeal, if the Applicant complies with the order dated 21^st July 2022 passed by the learned Appellate Court below Exhibit-6 in Appeal No.22 of 2022.

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908-CRA-443-2025.DOC

Mr. Deokar, learned Counsel appearing for the Applicant states that there are no arrears as directed by said order dated 21^st July 2022. Mr. Sanglikar, learned Counsel appearing for the Respondent disputes the said statement. Mr. Deokar, learned Counsel, on the instructions, states that if any arrears are there, the same will be deposited before the learned Trial Court within a period of 15 days from today.

It is specifically made clear that, if arrears as per the order dated 21^st July 2022 are not deposited within a period of 15 days, then the Respondent is at liberty to execute the decree of the learned Trial Court.

It is further clarified that this Court has not considered the merits and all contentions on merits are expressly kept open.

Accordingly, the Civil Revision Application is disposed of in

above terms with no order as to costs.

Digitally signed by SONALI SONALI MILIND MILIND PATIL PATIL Date: 2025.09.17 18:21:44 +0530

[MADHAV J. JAMDAR, J.]

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