Roma Builder Pvt Ltd v. Mr.Tukaram Undir Mukadam

80-SA-140-2026.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 140 OF 2026 WITH INTERIM APPLICATION NO. 14002 OF 2026 Roma Builders Pvt Ltd ..Appellant

Versus

Tukaram Undir Mukadam Through Its Legal Heirs Meghraj Tukaram Mukadam and Ors

...Respondents

Adv Smeet Savla, with Priyal Gandhi, i/b SHS Chambers, for the Appellant.

Mr. Ganesh K Sovani, with Devdatta Salvi, for the Respondents.

CORAM:

N. J. JAMADAR, J.

DATE :

6th MAY 2026 P.C.:

1.

Interim Application No. 14002 of 2026 not on board. Upon mentioning, taken on board.

ARUN RAMCHANDRA SANKPAL 2.

Heard the learned Counsel for the Applicant.

ARUN RAMCHANDRA SANKPAL Date: 2026.05.07 12:34:29 +0530 3.

The learned Counsel for the Applicant submits that the Applicant has filed an Application to withdraw the Second Appeal with liberty to to file appropriate proceedings against Defendant to claim damages and compensation and for any other relief with respect to the subject matter of the present proceedings.

ARS 1/2

80-SA-140-2026.DOC 4.

In view of the dismissal of the suit for specific performance of the contract, such expansive liberty cannot be granted. The Appellant can only avail those remedies which may be available in law. 5.

The Second Appeal thus stands dismissed as withdrawn with liberty to avail the remedies as available in law. [N. J. JAMADAR, J.] ARS 2/2