JUDGMENT :

1. The Petitioner has filed the above Writ Petition under Article 227 of the Constitution of India assailing the order of the Appellate Court dated 30th March, 2022, passed in Appeal No. 23 of 2022 in Exhibit No. 279 in RAE & R Suit No. 54/176 of 1994 before the Small Causes Court, Bandra, (the “said suit”) allowing the Appeal of the original Defendant No.2.

2. The Petitioner as the original Plaintiff has earlier filed the said suit for eviction against the Respondents/Original Defendants in respect of suit premises being sub plot no. 3 of Plot No. A-2, CS No. 164/2 of Vile Parle Division along with shack and structure at Gandhigram Road, Juhu, Mumbai-400 049 (the “said premises/suit premises/ the said property”), admeasuring about 438.70 sq. meters, on the grounds of illegal subletting, arrears of rent and bona fide requirement.

3. The suit was resisted by the Respondents/Original Defendants by filing their written statement and additional written statement. The suit was taken up for evidence. The Petitioner filed their affidavit of evidence along with documents. The documents were, according to the Petitioner, marked by the Trial Court and kept for cross-examination of PW