1. Rule. Heard finally with the consent of the learned Counsel for the parties.

2. The petitioner – original plaintiff is aggrieved by the order dated 10-1-2013 passed in Miscellaneous Civil Appeal No. 54 of 2012 whereby the said appeal preferred by the respondent no.1 – defendant no.1 under provisions of order XLIII Rule 1(f) of the Code of Civil Procedure, 1908 (for short, the Code) has been allowed and the suit filed by the petitioner has been dismissed under provisions of Order XI Rule 21 of the Code.

3. The facts relevant for adjudication of the challenge raised in the writ petition are that the petitioner is an Association of Trusts of Northern India constituted under the Companies Act, 1913. It is also registered under the provisions of the Maharashtra Public Trusts Act, 1950. The suit property consisting of a structure on the land owned by the petitioner was in occupation of the respondents. According to the petitioner, the said respondents had no right to continue in occupation of the suit property and hence, it filed Special Civil Suit No.103/2004 for ejectment of the respondents and possession thereof. The respondents filed their written statement opposing the pr