VASANTI GAJANAN NERURKAR Vs. SUDHIR VASU SHETTY

JUDGEMENT

(1.) This is a Petition filed under Article 227 of the Constitution of India whereby the petitioner has assailed an order dated 16 February 2019 passed by the learned Judge of the Small Causes Court at Mumbai, by which the application of the petitioner filed under Order XXVI Rule 9 read with Order XXXIX Rule 7 of Code of Civil Procedure for appointment of Commissioner Architect for inspection of the suit premises stands dismissed by the impugned order.

(2.) The petitioners are the plaintiffs in a Rent Act eviction suit, being R.A.E. Suit No. 1301/2008 of 2010. It is an expedited suit of the year 2010 despite which the plaintiffs are yet to file their affidavit of evidence. This is one of the grievance of the respondents/defendants that for some reason or the other, the petitioners/plaintiffs are not diligently pursuing this suit which is causing a serious prejudice to the defendants being dragged into unwarranted litigation.

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