JUDGMENT :

1. The First Appeal has been taken up for final hearing at the admission stage by consent of parties.

2. Heard Mr. Pravin Patel, learned Counsel for the Appellant and Mr. Pradeep Thorat, learned Counsel for the Respondent No. 1.

3. The First Appeal challenges the judgment and decree of the learned Judge (C.R. No.9), City Civil Court at Mumbai by which Suit No. 753 of 2016 was decreed against the Appellant/Defendant No. 1 with costs.

4. The operative part of the said order dated 6th May 2021, which is impugned in the First Appeal reads as under:-

“Suit is decreed against defendant No. 1 with costs as under;

Defendant No. 1 and/or anybody claiming through him is hereby directed to remove all his belongings, articles and things from the suit premises within a period of four months from today.

After the removal of all the belongings, articles and things as directed above, defendant No. 1 is perpetually restrained from entering into and/or remaining upon the suit premises.

Plaintiff is entitled to withdraw the amount deposited in the court by defendant No. 1 as per order dated 16.11.