B.P. Colabawalla, J.

Rule. Respondent waives service. By consent, rule made returnable forthwith and heard finally.

2. This Writ Petition has been filed under Article 227 of the Constitution of India seeking to quash and set aside the eviction order dated 2nd May, 2015 passed in R. A. E. Suit No. 1202/1942 of 2011 as well as the order passed in M.A.R.J.I. No. 8 of 2016 dated 12th August, 2016 as well as the Appellate Court's order dated 29th April, 2017 (wrongly mentioned as 29th April, 2016 in the prayer clause). For the sake of convenience we shall refer to the parties as they were arrayed in Trial Court.

3. The Plaintiff (the Respondent herein) had filed R. A. E. Suit No. 1202/1942 of 2011 against the Defendant (the Petitioner herein) for recovery of possession of a Godown on the Ground Floor of Fakhri Manzil at 84, Sarang Street, Mumbai-400 003 (hereinafter referred to as the "suit premises").

4. After the service of the summons, the Defendant appeared in the Suit and also filed his Written Statement. Thereafter, an application was made for depositing arrears of rent in Court by the Defendant, which was allowed by the Trial Court on 2nd February, 2013. Pursuant to this or