Order 5

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
eof R.A.E. SUIT NO. 187 OF 2025
Mss. R. T. Savla & Sons. )
a Partnership Firm, registered under _)
the Partnership Act having its )
registered address at Plot No. 38, )
Eastern Building, Station Road, )
Santacruz (West), Mumbai 400 054. )
Mob. No. 9870309999 )
)	Email ID: bhaveshrsavla@yahoo.com ... Plaintiffs
Vig--"
1. Mrs. Minaaz Merchant, ) aia(Full name not known) ) ron
aged about Not known, Occ: Not known, )
*S rhaving address at Flat No. 1, Ground ) x
J
coal
floor, Eastern Building No. 2, ) x
Station Road, Santacruz (West), )
Mumbai 400 054. )
Mob. No. 9967735839 )
Email ID. Not known. )
2. Smt. Sheela Tripathi Kabre, )
aged about 72 years, Occ: Retired, )
having address at Flat No. 2, Ground )
floor, Eastern Building No. 2, )
)
)
)
Copy Yeeuved Station Road, Santacruz (West),
\lwo Mumbai 400 054.
Mob. No. 9820660917
Pray. sed DN 4 a He
\A[o8 } 2026 :
oe :
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¢ 2
Email ID. Not known. )
. Mrs. Nargis S. Mavani, )
aged about 75 years, Occ: Housewife, )
having address at Flat No.3, First _)
floor, Eastern Building No. 2, )
Station Road, Santacruz (West), )
Mumbai 400 054. )
Mob. No. 8104276669 )
Email ID. Not known. J)
. Mrs. Hamida R. Meherali )
aged about 74 years, Occ: Housewife, )
having address at Flat No. 3, First
floor, Eastern Building No. 2,
Station Road, Santacruz (West),
Mumbai 400 054.
Mob. No. 9870440680
Email ID. Not known.
. Mrs. Minaaz Merchant,
(Full name not known)
)
)
)
)
)
)
)
)
age Not known, Occ: Not known, )
having address at Flat No. 4, First )
floor, Eastern Building No. 2, )
Station Road, Santacruz (West), )
Mumbai 400 054. )
Mob. No. 9967735839 )
Email ID. Not known. )
. Smt. Manjula Kantilal Jain, )
aged about 70 years, Occ: Housewife, )
having address at Flat No. 5, second)
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R
. Mr. Harish Kantilal Jain,
. Mr. Harshad L. Birawat,
floor, Eastern Building No. 2,
Station Road, Santacruz (West),
Mumbai 400 054.
Mob. No. Not known
Email ID. Not known.
)
)
)
)
)
)
aged about 50 years, Occ: Business, )
having address at Flat No. 5, second )
floor, Eastern Building No. 2, )
Station Road, Santacruz (West), )
Mumbai 400 054. )
Mob. No. Not known )
Email ID. Not known. )
)
)
)
)
)
)
)
)
aged about 55 years, Occ: Business,
having address at Flat No. 6, Second
floor, Eastern Building No. 2,
Station Road, Santacruz (West),
Mumbai 400 054.
Mob. No. 9821198317
Email ID. Not known. ... Defendants
I Mr. Bhavesh Ramesh Savla, the partner of Plaintiff
abovenamed, hereby state on solemn affirmation as under:
1) The Plaintiff has filed the aforesaid suit for eviction of suit
premises against the Defendants on the ground of requirement
for demolition and reconstruction of the suit building. I crave
leave to refer to the suit proceedings for the purposes of this
(Wher
application.
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2)
3)
4)
5)
y 4
My father Mr. Ramesh Savla, who is one ofthe partners of the
Plaintiff, has not been keeping well since May 2026 and he
was confined to home for treatment. Thereafter in the month
of June 2026, he was hospitalized due to Pneumonia in
Advance Hospital, at Vile Parle. Hereto annexed and marked
Exhibit ‘A’ is a copy Discharge Certificate of Mr. Ramesh
Savla. During this period, our family members who are
partners of Plaintiffs firm were under stress and they could not
do other work except carry on regular business. After his
discharge from hospital, I, being elder son, had-to take care of
his health. As such I could not contact our advocate to give
instructions to prepare my examination in chief.
I submit that on 21“ July 2026, I attended the office of our
advocate, when I learnt that this suit is kept for dismissal order
as the Plaintiffs could not file evidence in this suit.
However, my advocate has already started drafting the
evidence and required instructions from me to finalise the
evidence. However, at the time of drafting evidence, when
we went through the written statement filed by Defendant
Nos. 1 and 5, we learnt that there are some errors in the flat
numbers of some of the Defendants. Hence it is necessary and
expedient to amend the plaint to give the correct and proper
description of suit premises. Hence, it is necessary for the
Plaintiffs to file amendment application, which is ready to be
filed. The Plaintiffs are also filing the amendment application
simultaneously with the present application.
Due to the aforesaid unavoidable circumstances, I being one
of the partners of Plaintiffs firm, who has been taking active
(
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part in litigation since filing of suit, I
was not able to file the
evidence in the Hon’ble Court on the previous dates.
6) It is therefore necessary and expedient that order dated 21*
July 2026, keeping the suit for passing dismissal order be set
aside and the suit may be removed from ‘Order’ caption, and.
the suit be kept for hearing. The Plaintiff be permitted to
contest the suit on merits.
7) No‘harm or loss would be caused to the Defendants if the
above application is allowed. However, grave harm, loss and
injury would be caused to the Plaintiffs if the above application
is rejected.
Plaintiff therefore prays that:
a) The order dated 21* Jul 2026 be set aside.
b) The suit may be removed for ‘Order’ caption and be
kept for hearing.
c) Such other and further reliefs may be granted as this
Hon'ble Court may deem fit and proper.
_ Kable CoAdvocate for Plaintiff ~ Plaintiff
VERIFICATION
I Mr. Bhavesh Ramesh Savla, aged 47 years, a partner of
Plaintiffs abovenamed, do hereby solemnly declare and state that
the statements of facts made hereinabove are true to my own
knowledge and belief and the legal submissions are made on
advice, which I believe to be true.
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6
Solemnly affirmed at Mumbai_) Wax
this} clay of August 2026 ) at
aan
“Before me,
Presented by me,
hada	Advocate for Plaintiff
Savla-187-35-Set-Aside
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