JUDGMENT :

1. Rule. Rule is made returnable forthwith. With the consent of learned counsel appearing for rival parties, petition is taken up final hearing and disposal.

2. This petition is filed challenging Order dated 6 May 2024 passed by the Appellate Bench of the Small Causes Court at Mumbai allowing the Revision Application filed by Respondent No.1 and setting aside the order dated 23 April 2024 passed by the learned Judge of the Small Causes Court, Mumbai. The Appellate Bench has directed the Executing Court to decide the objection of Respondent No.1/Judgment Debtor about assignment and about maintainability of the execution proceedings filed by the transferee (Petitioner) under Order XXI Rule 16 or Section 146 of the Code of Civil Procedure, 1908 (Code).

3. A quick reference leading to filing of the present petition would be necessary. Flat No. E/4 on ground floor of the building ‘Hoechst Marion Roussel Staff Quarters’ situated at Dargah Road, Opp. Amar Nagar, Mulund Colony, Mulund (West), Mumbai-400 082 are the suit premises. Respondent No.1 was in employment of the Company, M/s. Hoechst Marion Roussel Ltd.’ (Plaintiff) and the suit premises were let out by Plaintiff to Respond