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2022 Supreme(Bom) 1538

MILIND N. JADHAV
Ashokkumar Dhanrajji Kothari – Appellant
Versus
Harshad Kevalchand Vora – Respondent


Advocates Appeared:
For the Applicant :Mr. Ajay Kumar Singh, Advocate a/w. Mr. Piyush A. Singh.
For the Respondents:Mr. Simil Purohit, Advocate a/w. Ms. Puja Tukrel, i/by Raj Baid.

JUDGMENT :

1. By the present Civil Revision Application, Applicant (original Defendant-Tenant) has challenged legality of judgment and order dated 27.09.2021 passed by learned Additional Chief Judge and Ad-hoc District Judge of Court of Small Causes, (Appellate Bench), Mumbai in Appeal No.78 of 2015.

2. Applicant is the original Defendant (for short “tenant”). Respondent Nos.1 to 7 are original Plaintiffs (for short “landlord”). They shall be referred to as tenant and landlord for convenience. Suit property is Flat No.9 situated on 5th Floor of Laxmi Building, 35/37, Kennedy Bridge, Mumbai 400 004 (for short "the suit premises").

3. On 07.11.2001, landlord of suit premises instituted R.A.E. & R. Suit No.1030/1789 of 2001 in the Court of Small Causes at Mumbai against tenant seeking following reliefs:-

    "(a) that the defendant be ordered and decreed to hand over to the plaintiffs vacant and peaceful possession of the suit premises namely flat No.9 on the 5th floor of the building known as Laxmi Building, 35/37, Kennedy Bridge, Mumbai -400 004;

(b) the defendant to ordered and directed by an order and permanent injunction of this Hon'ble Court to forthwith remove himself, his family member

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