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2019 Supreme(Bom) 2070

R.G.KETKAR
Sundeep Singh – Appellant
Versus
Rajesh Sureshchandra Shah – Respondent


Advocates Appeared:
V.M. Singh i/b. Mohan Bir Singh, Advocates, for the Applicant; Yogeshwar S. Bhate, Advocate, for the Respondent Nos. 1 to 9

JUDGMENT

R.G. Ketkar, J. - Heard Mr. V.M. Singh, learned counsel for the applicant and Mr. Y.S. Bhate, learned counsel for respondents No.1 to 9, at length.

2. By this application under section 115 of Code of Civil Procedure, 1908 (for short, ''C.P.C.''), the applicant, hereinafter referred to as ''defendant No.3'', has challenged the judgment and decree dated 26.11.2018 passed by the Appellate Bench of the Small Causes Court at Bombay in (A1) Appeal No.117/2013. By that order, the Appellate Court allowed the appeal preferred by respondents No.1 to 9, hereinafter referred to as the ''plaintiffs'', and set aside the judgment and decree dated 7.9.2013 passed by the learned Judge, Court Room No.17 of the Court of Small Causes at Mumbai in R.A.E. and R. Suit No.1096/1753 of 2003. The Appellate Court decreed the suit and directed respondents No.10 and 11, hereinafter referred to as ''defendants No.1 and 2'' and defendant No.3 to deliver jointly and severally possession of shop No.4 ad-measuring 123 sq. ft. on the ground floor, Panchsheel Building, situate at plot No.264, Sulochana Shetty Marg, Sion (West), Mumbai - 400 022 (for short, ''suit premises'') to the plaintiffs within 90 days f

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