JUDGMENT :

Sandeep V. Marne, J.

1. By this petition, the Petitioners have challenged the order dated 10 July 2022 passed by the Small Causes Court, Mumbai allowing the application filed by the Plaintiffs at Exhibit-126 for amendment of the plaint.

2. Plaintiffs have instituted R.A.E. & R Suit No. 407 of 1998 seeking recovery of possession of the suit premises from the Defendants essentially on the ground of bonafide requirement of the Plaintiffs. Additionally, it was pleaded that some of the Defendants are in unlawful possession of the suit premises. By application filed at Exhibit-126, Plaintiffs now want to add the ground of unlawful subletting of the tenanted premises as well as non-user thereof. The Small Causes Court has allowed the application for amendment by order dated 10 July 2022 and aggrieved by that order, Petitioners/ Defendant Nos.4 to 6 have filed the present petition.

3. Mr. Patil, the learned counsel appearing for Petitioners would submit that this is the ninth amendment which is sought to be introduced in the plaint filed in a suit which is pending since the year 1998. That the only reason pleaded for introducing the amendment at such belated stage was ‘oversight’ an