MINALINI LALIT MODI Vs. KISHINCHAND CHELLARAM

JUDGEMENT

(1.) Rule returnable forthwith. Respondents waive service. By consent of the parties heard finally.

(2.) The learned trial judge of the Small Causes Court at Mumbai by an order dated 25 August 2009 allowed an application (Eviction Notice) filed by the petitioner seeking a relief to implead her as a defendant in a Suit (RAE Suit No.743/2805 of 1982- Eviction Suit) instituted by respondent No.1-landlord (plaintiff). The appellate bench of the Small Causes Court by the impugned order dated 21 October 2016 has set aside the order of the learned trial judge in a Revision Application filed by respondent No.1. The petitioner being aggrieved by the said order of the appellate bench is before this Court in the present proceeding under Article 227 of the Constitution.

(3.) In nutshell the facts are :-