SURENDRA NAVNITRAI SANGHVI Vs. CHANDRAKUMARI HARNAMSINGH CHOWHAN

JUDGEMENT

(1.) Heard Mr. S. Malik, learned counsel for the applicants and Mr. Vivek Kantawala, learned counsel for the respondent at length.

(2.) By this application under Section 115 of the Code of Civil Procedure, 1908 (for short "CPC"), the applicants, hereinafter referred to as the defendants, have challenged the judgment and decree dated 23rd January 2013 passed by the learned Judge, Small Causes Court at Mumbai in R.A.E. Suit No. 525/867 of 2000 as also the judgment and decree dated 25th January 2019 passed by the Appellate Bench of the Small Causes Court in Appeal No. 65 of 2013.

(3.) By these orders, the Courts below decreed the suit instituted by the respondent, hereinafter referred to as the plaintiff and directed the defendants to hand over vacant and peaceful possession of Room No. B-42, 3 rd Floor, Lalsingh Mansingh Building, Seikh Memon Street, Mumbai - 400 002 (for short 'suit premises') to the plaintiffs. The Courts below held that the plaintiff is also entitled to future mesne profits from the date of decree till delivery of possession of the suit premises and ordered separate enquiry be held as per Order XX Rule 12(1)(c) of the CPC.