The single judge quashed the trial court order admitting certified copies of sale deeds as exhibits. The writ petition was allowed as the admission violated evidentiary procedures applicable to private documents.
The order dated 1.3.2016 passed by the Trial Court admitting certified copies as exhibits is hereby set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 5698/16
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IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
WRIT PETITION NO. 5698 OF 2016
Versus
Srishailya Baburao Mulge, Age 45 years, Occu. Agri., R/o. Gujnur, Post Shahpur, Tq. Tuljapur, Dist. Osmanabad. ....Respondent.
Mr. V.C. Solshe, Advocate for petitioners.
Mr. K.K. Kulkarni, Advocate for respondent.
CORAM : T.V. NALAWADE, J. DATED : June 5, 2017.
JUDGMENT :
WP No. 5698/16
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not out and out sale, but it is mortgage transaction and so, the declaration to that effect be given and further, relief of possession is claimed. At Exh. 66, the application was moved by respondent/plaintiff for giving exhibits to some certified copies of sale deeds executed in favour of defendant, present petitioner by third party by contending that those documents can be used for collateral purpose.
Rule is made absolute in aforesaid terms.
[ T.V. NALAWADE, J. ]
ssc/
1 issue framed by the court
Whether certified copies of sale deeds could be admitted as exhibits by the trial court without following due evidentiary procedure.
1 provisions across 1 enactments
Sou. Sunita Gaheninath Ghorpade
Gaheninath Jagannath Ghorpade
Srishailya Baburao Mulge
T.V. NALAWADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
