JUDGMENT :

S.J. KATHAWALLA, J.

1. This is an appeal from an Order and Judgment dated 7th August 2015 (“Impugned Judgment”), by which a Single Judge of this Court decreed Suit No. 1342 of 2003 (“Suit”).

2. The Suit was filed by Smt. Pushpalata Sohanlal Sharma (Pushpalata) (Original Plaintiff in the Suit and Respondent No.1 in the present Appeal) against (i) Smt. Brij Madanlal Sharma (Brij) (Original Defendant in the Suit and Appellant No.1 in the present Appeal), (ii) Madanlal Nanakchand Sharma (Madanlal), (Original Defendant No.2/deceased husband of Brij) and (iii) Ebasco Finance Company Pvt. Ltd. (EFCPL) (Original Defendant No.3 in the Suit and Appellant No.3 in the present Appeal), inter alia for a declaration of ownership and a direction to handover possession of the suit premises, being Flat Nos.1 and 2 together with a garage and servants’ quarters on the ground floor of the building known as Indrayani, situated at Sophia College Lane, 61-D, Bhulabhai Desai Road, Mumbai – 400 026 (“Suit Premises”). The suit premises is described in paragraph 2 of the Plaint.

3. Since Madanlal (husband of Brij) passed away on 4th June 2013, before his cross-examination could be completed, by an orde