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2013 Supreme(Bom) 656

S.C.DHARMADHIKARI
Consulate General of Iran – Appellant
Versus
Baldota Brothers – Respondent


Advocates Appeared:
For the Applicant:P.S. Dani, Advocate.
For the Respondent:D.D. Madon, Sr. Advocate.

Judgment :

1. Rule.

2. Mr. Madon, Sr. Counsel, waives service on behalf of the Respondents/Original Plaintiffs.

3. By consent, Rule is made returnable forthwith.

4. By this Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, the Applicants/Original Defendants – the Consulate General of Iran, now known as the Consulate General of Islamic Republic of Iran, impugns and challenges the Judgment of the Appellate Bench of the Court of Small Causes at Mumbai dated 8th November, 2012 in Appeal No.28 of 2007 in T.E.&R. Suit No.100/112 of 2004.

5. By the impugned order, the lower Appellate Court has reversed the Judgment and Order dated 16th October, 2006 of the Trial Judge and has passed a decree for possession in favour of the Respondents/Original Plaintiffs in respect of the suit premises, namely, Block No.4 situate on the First Floor of the building known as “Baldota Bhavan”, 117, Maharshi Karve Road, Churchgate, Mumbai – 400 020 along with a Garage. The Appellate Court has also directed that an inquiry under Order XX Rule 12 of the Code of Civil Procedure, 1908, into mesne profits from the date of the Suit till the Applicants/Original Defendants hand over






































































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