CLESTINO RAYMOND SALDANHA Vs. CHINAMMA FRANCIS KURIAN

JUDGEMENT

(1.) These petitions are filed challenging orders dtd. 27/10/2021 passed by Small Causes Court at Mumbai, allowing applications taken out by Respondent No.1 for bringing her name on record as legal representative of the original Plaintiff. Petitioner is original Defendant No.3 in R.A.E. Suit No.156/363 of 2008 and the sole Defendant in R.A.E. and R. Suit No. 334/705 of 1999.

(2.) The Petitioner is aggrieved by the impugned orders dtd. 27/10/2021 to the limited extent where only Respondent No.1 has brought herself on record as legal heir of the deceased Plaintiff, when in fact in accordance with the pursis filed by the Advocate of the Plaintiff, there are 7 other legal heirs of the deceased Plaintiff. Petitioner insists that the Respondent No.1 cannot alone prosecute the suit in absence of the other 7 legal heirs of the deceased Plaintiff and to this limited extent, orders dtd. 27/10/2021 allowing the applications filed by Respondent No.1 for bringing her on record as legal representative of deceased Plaintiff are challenged. The impugned orders of Small Causes Court have been unsuccessfully tested by the Petitioner by filing revision applications before the Appellate Bench of the Small Causes Court. However, revision applications filed by Petitioner have been rejected by impugned orders dtd. 6/11/2023. Accordingly, Petitioner has filed the present petition challenging the orders of the Trial Court dtd. 27/10/2021 and of its Appellate Bench dtd. 6/11/2023.

(3.) Briefly stated, facts of the case are that Ms. Mary Kutty Emmanuel was the original Plaintiff in R.A.E. and R. Suit No.334/705 of 1999 filed against Petitioner seeking recovery of possession of the suit premises admeasuring 800 sq.ft. on the ground floor of the building Lilly Villa at Bandra, Mumbai. Mary Kutti Emmanuel has instituted another suit bearing R.A.E. Suit No. 156/363 of 2008 against four Defendants (including Petitioner as Defendant No.3) for recovery of possession of suit premises admeasuring 676 sq.ft. carpet area on the first floor of the building Lilly Villa at Bandra, Mumbai. During pendency of both the Suits, Mary Kutty passed away on 26/5/2019. Her Advocate filed pursis on 6/1/2020 indicating details of 8 persons as her legal heirs. The said particulars indicated in the pursis are as under: -