JUDGMENT :

Uday Umesh Lalit, J.

1. Leave granted.

2. This appeal challenges the judgment and Order dated 17.09.2013 passed by the High Court of Bombay in Appeal from Order (ST) No.15590 of 2013 quashing and setting aside the Order dated 29.04.2013 passed by the Bombay City Civil Court in Notice of Motion No.344 of 2013 in Suit No.408 of 2013.

3. On 4.02.2013, aforesaid Suit No.408 of 2013 was filed by the respondent submitting inter alia:-

“The Plaintiff along with his Maternal grand-mother Mrs. Noorbanoo Mohammed Ali Tejani are in use, occupation and possession of the premises known as Tej Kunj, 1st Floor, Plot No.212 D, Byramjee Jeejeebhoy Road, Bandstand, Bandra (West), Mumbai 400050, hereinafter referred to as ‘the suit premises’…….The Defendant Nos.1, 2, 3 and 5 are the Paternal uncles of the Plaintiff’s mother i.e. Mrs. Zeenat S. Jagani viz. the brothers of deceased father named Mohammed Ali H. Tejani (since deceased) and Defendant No.6, is a son of the Defendant No.5 and Defendant No.4 is the sister of Defendants 1,2,3 and 5…….Mohammed Ali H. Tejani (called the said Deceased) was a Co-owner along with Defendant Nos.1 to 5 in respect of a Plot of Land bearing Plot No.202-D, along