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2024 Supreme(Online)(Bom) 133

HIGH COURT OF BOMBAY
SANDEEP V. MARNE, J
SOLI SORABJEE (DELETED SINCE DECEASED) AND ORS – Appellant
Versus
M/S. WARDEN AND COMPANY PVT LTD AND ORS – Respondent


Advocates:
Mr. Nikhil Sakhardande, Senior Advocate with Mr. Pralhad Paranjape, Ms Shubra Swami and Mr. Rupesh M. Geete i/b. M/s. Satyaki Law Associates for Petitioner. Mr. Vineet Naik, Senior Advocate with Mr. Abhishek Adke i/b. M/s. Zunzarrao and Co. for Respondents.

JUDGEMENT

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

2.Petitioners have filed this petition challenging order dated 3 April 2024 passed by the learned Judge of the Small Causes Court at Mumbai on ___Page No. of ___ 24 June 2024 MEGHA SHREEDHAR PARAB Digitally signed by MEGHA SHREEDHAR PARAB Date:

2024.06.27 +0530 2024:BHC-AS:24989 application at Exhibit-146 filed by Defendant, by which Defendant’s witness (DW1) has been permitted to be recalled for re-examination, for clarification and for explanation.

3.R.A.E. Suit No.1966/6048 of 1986 is filed by Plaintiffs in Small Causes Court at Mumbai seeking recovery of possession of the suit premises being flat on second floor including garage in the compound of the building ‘West Hill’, situated at 27, Napean Sea Road, Mumbai-400 006. It appears that Plaintiffs have filed their evidence in December 2013 and cross-examination of Plaintiffs’ witnesses was concluded on 29 January 2020. Respondent No.1, it is alleged, kept seeking adjournments for filing affidavit of evidence and ‘no evidence order’ came to be passed by the Small Causes Court on 25 July 2022. The app

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