Bombay HC: Gawande Family Loses Vikhroli East Property Overlooked Third-Party Claim

Recently, the Bombay High Court changed an earlier decision about who gets a family property in Mumbai. The case involved the Gawande family and was about who should have the property in Vikhroli East.

Background of the Dispute

The argument started back in 2011 when Khandu Bajaba Gawande and his group said they were kicked out of their property by Deoram Bajaba Gawande. The property, located at Kannamwar Nagar, was said to be bought by Khandu Bajaba Gawande, who was a doctor and used the place as a clinic.

The Initial Court Decision

On December 9, 2022, the City Civil Court of Greater Bombay decided that Khandu Bajaba Gawande's group should get the property back. The court said that they were kicked out unfairly.

"The plaintiffs have shown that they were kicked out of the property without following the rules and without their agreement." - City Civil Court, 2022

Request for Another Look by Defendants

The other side, with Mr. Joshi as their lawyer, asked for the decision to be looked at again. They said that Khandu Bajaba Gawande's group wasn't using the property when they were said to be kicked out. Instead, they said the property was being used by a developer, Cosmos Prime Projects Ltd.

High Court's Findings

Justice Sandeep V. Marne of the Bombay High Court looked into the case and found that the first decision didn't really think about what the other side said about a third party being involved. The court noticed that there was proof showing Cosmos had the property before the date they were said to be kicked out.

"The lower court didn't even consider what the Defendant said about getting the property from another group, Cosmos." - Justice Sandeep V. Marne

Final Remarks

The High Court canceled the earlier decision, throwing out the case made by Khandu Bajaba Gawande's group. This decision shows how important it is to look closely at all the facts in property arguments, especially when other parties might be involved.

The decision was announced on March 5, 2026, and is a big change in the ongoing legal fight within the Gawande family.

"The judgment and order dated 9 December 2022 passed by the Judge, City Civil Court, Greater Bombay is canceled and the case is thrown out." - Justice Sandeep V. Marne

This case is still being talked about by legal experts and families dealing with similar property arguments.