(1.) Heard learned counsel and senior counsel appearing for the respective parties.
(2.) The present appeal is directed against the Final Judgment and Order dated 20/21/2/2007 [2007 SCC OnLine Bom 144 | (2007) 5 Mah LJ 136 | (2007) 5 Bom CR 306] in First Appeal No.116 of 1988 (hereinafter referred to as the 'Impugned Judgment') passed by a learned Single Judge (as he then was) of the High Court of Judicature at Bombay, reversing Judgment and Decree dated 18/19/9/1987 passed by the City Civil Court, Bombay (hereinafter referred to as the 'Trial Court') in Suit No.2060 of 1970.
(3.) At the outset, it is gainful to take note of the position of the contesting parties before the respective Courts, as under: <IMG>JUDGEMENT_44_LAWS(SC)3_2025_1.jpg</IMG> <IMG>JUDGEMENT_44_LAWS(SC)3_2025_2.jpg</IMG>