2024:BHC-AS:29414 (THIS IS THE CORRECTED COPY OF THE JUDGMENT)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13449 OF 2023 Miss. Laleh Ardeshir Dubhash & Ors. } ….Petitioners (Orig. Defds Nos.4 to 6)

: Versus :

Mr. Swaraj Shrikumar Hate & Ors. }….Respondents (Orig. Plffs No.1 & 2-

Orig.Defds No.3 to 19)

__________________________________________________

Mr. Sandesh D. Patil i/by. Mr. Piyush Shah and Mr. Vijay Rajput, for the Petitioners.

Mr. Girish S. Godbole, Senior Advocate i/by. Mr. Shivraj Patne and Ms.

Deepashikha Godbole, for Respondent Nos. 1 and 2.

__________________________________________________

CORAM : SANDEEP V. MARNE, J.

Dated : 4 July 2024.

ORAL JUDGMENT :

1) By this petition, the Petitioners have challenged the order dated 10 July 2023 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 unlawfu