Narayan Tejpal Podar Since Decd.His Legal Heirs v. Ramprakash Juggilal Podar Since Decd Thr Legal Heirs
2026:BHC-AS:16751
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2178 OF 2026 Narayan Tejpal Podar (deceased) through his legal heirs - Pragnesh Narayan Podar and Ors.
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Petitioners versus Ramprakash Juggilal Podar (deceased) through legal heirs - Gitadevi Ramprakash Podar and Ors.
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Respondents WITH WRIT PETITION NO.2179 OF 2026 Narayan Tejpal Podar (deceased) through his legal heirs - Pragnesh Narayan Podar and Ors.
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Petitioners versus Ramprakash Juggilal Podar (deceased) through legal heirs - Gitadevi Ramprakash Podar and Ors.
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Respondents Mr. Pradeep Thorat with Mr. Chaitanya Mehta, Ms. Sonali Aggarwal i/by Dhruve Liladhar and Co., for Petitioners.
Mr Ranjit Thorat, Sr. Advocate with Mr. Mayank Bagla, Mr. Hiten Lala i/by Durgaprasad Sabnis, for Respondents.
CORAM: N.J.JAMADAR, J.
DATE :
6 APRIL 2026 P.C.
1.
Heard the learned Counsel for the parties.
2.
The challenge in these Petitions is to orders dated 16 January 2026 passed by the learned Judge, City Civil Court in Chamber Summons Nos.3143 of 2025 and 175 of 2026, whereby the learned Judge, has allowed the Chamber Summons taken by the legal representatives of the Plaintiffs to SSP 1/3
bring themselves on record and also to bring the legal representatives of the deceased defendant.
3.
S.C.Suit No.3394 of 2024 was initially instituted on the original side of the High Court and numbered as Suit No.1531 of 2018. In the wake of the enhancement of the pecuniary jurisdiction of the City Civil Court, Suit No.1531 of 2018 came to be transferred to the City Civil Court. Indisputedly, the suit claim was valued at Rs.30 Crores. In view thereof, an application for retransfer of the said suit back to the High Court, being Misc. Civil Application No.125 of 2025, was filed before this Court and by an order dated 20 January 2026, the said Suit has been ordered to be re-transferred to the High Court. 4.
In the meanwhile, on 9 January 2026, when the said Misc.Application No.125 of 2025 was listed before this court, this Court had observed that the learned Judge, City Civil Court shall hear and decide the Interim Applications taken out by the Plaintiffs; which were converted into abovenumbered Chamber Summons.
5.
The fact remains that the City Civil Court lacked pecuniary jurisdiction to entertain, try and decide the suit, and, eventually, the suit came to be retransferred to this Court. In the aforesaid view of the matter, with the consent of the parties, the orders passed by the learned Judge, City Civil Court, in Chamber Summons Nos.3143 of 2025 and 175 of 2026 stand quashed and set aside.
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6.
Chamber Summons Nos.3143 of 2025 and 175 of 2026 (in H.C.Suit No.1531 of 2018) stand restored to the file of this Court on the Original Side. Those Chamber Summons, which may now be required to be reconverted into Interim Applications, may be heard and decided afresh by this Court in accordance with law.
7.
The time spent by the legal representatives of the Plaintiffs in prosecuting the Interim Applications, while those Applications were pending before this court, and the Chamber Summons, after the suit came to be transferred to the City Civil Court, may be taken into account, while deciding those Interim Applications.
8.
All contentions of all the parties are kept open for consideration. 9.
Writ Petitions stand disposed.
( N.J.JAMADAR, J. ) SSP 3/3 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 08/04/2026 17:47:29