WRANGLE INVESTMENT LIMITED Vs. MAHENDRA BUILDERS

JUDGEMENT

(1.) This Writ Petition filed under Article 227 of the Constitution of India, challenges Judgment and Order dtd. 26/9/2019 passed by the Court of Small Causes in Interim Notice No. 760 of 2002, thereby permitting the Plaintiff (Respondent No. 1 herein) to carry out the amendment to the plaint i.e. T.E. and R. Suit No.68/73 of 2001, which in pending in the Court Small Causes at Bombay.

(2.) One Mr. Mahendra V. Shah filed a T.E. and R. Suit No. 68/73 of 2001, in his capacity as proprietor of M/s. Mahendra Builders, against the present Petitioner and Respondent No. 3, on the ground of sub-letting under Sec. 41 of the Presidency Small Causes Court Act, for eviction of the Petitioner from the premises situated on the Second Floor of the building known as "CLIFFLET", Worli, Mumbai, admeasuring around 4000 sq.ft. carpet area, being commercial premises (for short 'the suit premises').

(3.) In the same year of filing the Suit, on 19 th September, 2001, Mr. Mahendra Shah died. After the death of Mahendra Shah, on 16/2/2001, his wife Pratibha and his daughter Shirin filed an Interim Notice No.259 of 2002 in the pending suit, to bring them on record in place of a deceased Mahendra Shah. So also, they preferred an Interim Notice No.626 of 2002, seeking an order of injunction against the Petitioner and Respondent No.3.