JUDGMENT:

This appeal from order is directed against the order passed by the Judge, City Civil Court on 3rd April 2010 in S.C.Suit No. 3203/2004 directing the counsel for the parties to make submission on the Notice of Motion No.1682/2009 on merits with a view to decide as to whether the preliminary issue can be framed at the particular stage of the proceeding. The appellant is the original defendant No.3. The respondent No.1 is the original plaintiff who presented the suit being S.C.Suit No.3203/2004 claiming following substantial reliefs:

a) That this Honourable Court be pleased to declare that the occupation of the Defendant No.3 in the suit premises viz. a Garage premises admeasuring 200 sq.ft. situated on the Ground Floor of Suresh Vithal Niwas Building, L.N.Road, Matunga, Mumbai 400 019, is that of a wrongful trespasser who has been unlawfully inducted without the consent and permission of the Plaintiff and consequently the tenancy agreement, if any, executed by the Defendants No.1 and 2 in Defendant No.3’s favour being sham, colourable and bogus document, be set aside.

b) That this Honourable Court be pleased to Order and Decree the Defendant No.3 to quit, vacate a