Unique Enterprises (India) And ORS v. Hiraben Mavji Shah Delted Since Decd.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14530 OF 2025 Unique Enterprises (India) And Ors.
...Petitioners
Versus
Alakh Jitendra Diwan
...Respondent
WITH WRIT PETITION NO.14557 OF 2025 Unique Enterprises (India) And Ors.
...Petitioners
Versus
Hiraben Mavji Shah (Deleted Since Decd.) 1a) Dhirendra Mavji Chhadva And Ors.
...Respondents
WITH WRIT PETITION NO.14579 OF 2025 Unique Enterprises (India) And Ors.
...Petitioners
Versus
Navinbhai Virji Shah
...Respondent
WITH WRIT PETITION NO.14586 OF 2025 Unique Enterprises (India) And Ors.
...Petitioners
Versus
Geeta Sharad Shah
...Respondent
WITH WRIT PETITION NO.14589 OF 2025 Unique Enterprises (India) And Ors.
...Petitioners
Versus
Vinod Shankarlal Jani (Since Decd Throu. L.H) 1a) Saroj Vinod Jani And Ors.
...Respondents
WITH WRIT PETITION (STAMP) NO.34198 OF 2025 Unique Enterprises (India) And Ors.
...Petitioners
Versus
Rahul Chandual Mody (Deceased through L.R.'s) 1a) Veena Rahul Mody
...Respondent
WITH WRIT PETITION (STAMP) NO.34207 OF 2025 Unique Enterprises (India) And Ors.
...Petitioners
Versus
Rahul Chandual Mody (Deleted since Deceased) 1a) Bhartiben Champaklal Randeria
...Respondent
Ms. Pojja Thakkar a/w Vaibhavi Kasaralkar a/w Pooja Shivtarkar, for the Petitioners.
Ms. Vrushali Kabare, for the Respondents.
CORAM:
MADHAV J. JAMDAR, J.
DATED :
19th NOVEMBER 2025 PC:- 1.
The challenge in all these Writ Petitions is to separate Orders dated 29th September 2025 passed by a learned Judge of Small Causes Court, Mumbai, by which considering the fact that the respective subject RAD Suit filed by the respective Respondents have come to the stage of arguments in the year 2023 and Eviction Suits filed by the Petitioners i.e. Plaintiffs against the Respondents are at the stage of evidence of the Plaintiffs, the trial of both RAD and RAE Suits are de-tagged.
2.
Ms. Thakkar, learned Counsel for the Petitioners submits that she has instructions to withdraw all the Writ Petitions. However, as the partners of the Petitioner No.1- Partnership Firm are senior citizens and Petitioner No.2 is 72 years old, the hearing of Eviction Suits filed by the landlords also be expedited. 3.
Ms. Kabare, learned Counsel appearing for the Respondents points out the impugned orders dated 29th September 2025 and submits that the learned Judge of the Small Causes Court, Mumbai has in fact expedited the said RAD Suits as also Eviction Suits. 4.
The impugned order dated 29th September 2025 shows that the learned Judge has expedited both the Suits. 5.
As the RAD Suits have reached up to the stage of final arguments and as RAD Suits are of the year 2010 i.e. 15 years old Suits, the concerned learned Judge of the Small Causes Court is requested to dispose of the said RAD Suits on or before 30th April 2027.
6.
Considering that the Eviction Suits are of the year 2016/2018 and the same is at the stage of leading the evidence of the Plaintiff and as Mr. Rajendra Chunilal Mehta i.e. one of the partners of the Petitioner - Partnership Firm, is senior citizen of 72 years old and other partner is also senior citizen of 65 years old, it is necessary that even the respective Eviction Suits are also required to be disposed of expeditiously. Considering the facts and circumstances, concerned learned Judge of Small Causes Court, Mumbai is requested to dispose of Eviction Suits filed by the Petitioners expeditiously on or before 30th April 2027. 7.
Accordingly, the Writ Petitions are allowed to be withdrawn subject to above.
[MADHAV J. JAMDAR, J.]