JUDGMENT
1. Sanjeet K. Shah and Manishah Shah (the respondents) filed in the Environment and Land Court (the ELC) a plaint dated 27th November 2013 seeking permanent injunction against Sadrudin Tarmohammed Mulji Govani (the appellant) to restrain him, his servants, agents or in any way whatsoever from disposing off, interfering, constructing, trespassing, entering in any manner whatsoever or dealing with L.R. No. 4242/46 Kitusuru (the suit property) and all the improvements thereon; damages for trespass; and costs of the suit. The appellant entered appearance and filed a defence dated 19th December 2014. However, he did not file witness statements.
2. The suit proceeded for hearing. On 7th March 2019, the respondents’ witness being the 1st respondent testified in support of their case. According to the trial court record, counsel for the respondents informed the court that she had just been served with the appellant’s documents and witness statement after taking the respondents’ evidenc…