Heard learned counsel for the parties.

2. Rule. By consent, rule made returnable forthwith. Learned counsel appearing for the respondents waives service. By consent, the petition is taken up for hearing and final disposal at the admission stage itself.

3. This petition arises from the order dated 2-2-2005 passed by a Division Bench of the Small Causes Court at Bombay whereby two interim notices being Interim Notice Nos. 605 of 2004 and 1368 of 2004, taken out in Appeal No. 284 of2002 in R.A.D. Suit No. 2637 of 1985, have been disposed of.

4. The petitioners are the heirs and legal representatives of original plaintiff - Minoo Pavri. He had filed a suit being R.A.D. Suit No. 2637 of 1985 for declaration that he was entitled to tenancy rights of flat No.9, Puran Niwas, Colaba, Mumbai (for short "the suit flat"). The suit was filed against one Kishanchand P. Gupta, Karta/Manager of Hindu undivided family of Kishanchand P. Gupta (for short "the HUF"). The suit was decreed vide judgment and order dated 30-8-2001. Being aggrieved by the judgment and decree dated 30-8-2001 an appeal being Appeal No. 284 of2002 was preferred in the name of Kishanchand P. Gupta, showing him as Karta/M