Ashok Vadher v. Jayshree Suresh Pandya And ANR.

9-FA-2540-202.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 2540 OF 2025 Digitally signed by HUSENBASHA RAHAMAN NADAF Date:

2026.01.08 10:32:31 +0530 HUSENBASHA RAHAMAN NADAF Ashok Vadher ...Appellant

Versus

Jayshree Suresh Pandya And Anr.

...Respondents

*** Ms. Shaila Pandey for Appellant.

Mr. Tushar Awasthi i/b. Meharia & Co., for Respondent No. 2. *** CORAM : M.M. SATHAYE, J.

DATE : 7th JANUARY, 2026 P.C. :

1.

Heard learned counsel for parties.

2.

Learned counsel for Respondent No.2 Bank states on instructions that the Bank involved in the litigation is Malad (West) Branch of the concerned Bank.

3.

By the impugned order, the suit filed by the Appellant is dismissed as barred by principle of res-judicata. Learned counsel for the Appellant submits that the earlier suit being S.C. suit No.2051 of 2013 which was decided on 19.03.2024, has been challenged by the present Appellant in First Appeal No.1244 of 2024, which appeal is stated to be admitted and pending in this Court. 4.

Issue notice to the Respondents, returnable on 04.02.2026. Learned counsel for Respondent No.2 waives service. (M.M. SATHAYE, J.) Husen