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2017 Supreme(Bom) 1506

M.S.SONAK
Daksha Keshrichand Jhaveri – Appellant
Versus
Nikhilesh Keshrichand Jhaveri – Respondent


Advocates Appeared:
For the Petitioners:G.S. Godbole, Mamta Sadh i/b. Poonam Utekar, Gautam Ankhad i/b. Sushma Singh, Advocates.
For the Respondents:P.K. Dhakephalkar, Senior Advocate with J.P. Narula i/b. Jhangiani Narula & Associates, Aparna Devkar i/b. M.P. Vashi & Associates, Advocates.

JUDGMENT :

1. Heard learned counsel for the parties. They agree that these two petitions can be disposed of with a common order.

2. Accordingly, Rule in both the petitions. With the consent of and at the request of the learned counsel for the parties, Rule is made returnable forthwith.

3. In writ petition no. 13794 of 2016, the challenge is to the order dated 19th October 2016 made by the Small Causes Court (trial court) directing the plaintiff Nos. 4 to 6 (petitioners in writ petition no. 13794 of 2016) in T.E. & R. Suit No. 48/62 of 2009 to implead Gnani Investment & Trading Co. Pvt. Ltd. (GITCPL) (applicant in application at Exhibit No. 321 of 2016 in T.E. & R. Suit No. 48/62 of 2009) as co-plaintiff.

4. In writ petition No. 5917 of 2017, the challenge is to the order dated 14th March 2017 made by the trial court in the aforesaid suit, this time, at the instance of plaintiff No. 4 in the suit, ordering the deletion of plaintiff Nos. 2, 7 to 10 and 12 (petitioners in writ petition No. 5917 of 2017).

5. The T.E. & R. Suit No. 48/62 of 2009 was instituted by, in all, 12 plaintiffs against the 6 defendants, seeking inter alia eviction of the defendants from the suit premises and other co






























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