JUDGMENT :

1. Rule. With consent of parties, Rule made returnable forthwith and taken up for final hearing.

2. By this Petition under Article 227 of the Constitution of India, exception is taken to the order dated 24th September, 2021 passed by the Appellate Court in Revision Application No.97 of 2021 reversing the order of the trial Court dated 11th August, 2021 rejecting the Petitioner’s application below Exh.606 filed to expunge/discard and rejected the Affidavit of examination-in-chief of PW-2.

3. For the sake of convenience, the parties are referred to by their status before the Trial Court. T.E.&R. Suit No.48/62 of 2009 was filed against the defendant seeking the following prayers:

“a) the Defendants be ordered and decreed to hand over to the Plaintiffs vacant and peaceful possession of the suit property viz. land bearing C.S.No.560 and 561, Final Plot No.268 TPS II of Mahim Division situate at Mogul Lane, (earlier known as Lady Harding Road), Tulsi Pipe Road, known as Senapati Bapat Road, situated at Mahim (W). Mumbai-400 016, along with structures standing thereon;

(b) pending t