JUDGMENT :

A.S. Gadkari, J.

1. Petitioner, Original Defendant No. 14 in T.E. and R. Suit No. 42/62 of 2009 filed by the Respondent Nos. 2 to 4, has invoked jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, impugning the Judgment and Order dated 1st September, 2021 passed in Revision Application No. 95 of 2021, by the Appellate Bench of the Court of Small Causes at Mumbai thereby dismissing the said Revision and confirming the Order dated 2nd August, 2021 passed below Exh-601, filed by Petitioner, for framing of additional issues in the said Suit.

2. Heard Mr. Vineet Naik, learned senior counsel for the Petitioner, Mr. Gautam Ankhad, learned counsel for Respondent Nos. 2 to 4 and Mr. M.M. Vashi, learned senior counsel for Respondent No. 5. Perused entire record produced before me.

3. The record reveals that, the Plaintiffs/Respondent Nos. 2 to 4 herein along with their mother Smt. Bhanumati Keshrichand Jhaveri have instituted a suit bearing T.E. and R. Suit No. 42/62 of 2009 in the Court of Small Causes at Mumbai under section 41 of the Presidency Small Causes Court Act, for eviction of the Defendant Nos. 1 to 7 from the suit property.

The suit property