COURT OF JUDICATURE AT BOMBAY CIVIL…
Impugned order dated 7th April 2022 was quashed; architect's report marked as exhibit for identification only; proof of contents and objections kept open.
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2023:BHC-AS:38529
24-WP-9056-2022.doc
Harish
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.9056 of 2022 Seva Sadan Society ...Petitioner Versus Gool J Satta (Since Decd)Thru. Lhr. Rukhshana Murzban Patel & Anr. ...Respondents
WITH WRIT PETITION NO.15677 OF 2023
Seva Sadan Society ...Petitioner Versus Gool J Satta (Since Decd)Thru. Lhr. Mehernoz D. Kelawala & Ors. ...Respondents
Adv. Janani Swaminathan i/b Goapl Parab for the Petitioner. Ms. Vidita Bhalekar i/b Ms. Ranjana Parikh for the Respondents
CORAM : SHARMILA U DESHMUKH, J. DATE : DECEMBER 18, 2023
P. C. :
1. The Petition has been filed challenging the order dated 7th April,
2022 passed by the Small Causes Court rejecting the Petitioner’s Application for exhibiting the report of the architect and plan which were
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24-WP-9056-2022.doc
marked as Article.
2. Learned counsel for the parties have arrived at a consensus that the report of the architect and plan be marked as Exhibit only for the purpose of identification and the contents will have to be proved and all objections in that respect be kept open.
3. In view of the consensus arrived at between the parties, the impugned order dated 7th April, 2022 is quashed and set aside. The report of the architect and plan be marked as Exhibit only for the purpose of identification.
4. It is clarified that the marking of the document as Exhibit does not dispense with the proof of contents of the document and the same will be subject to the cross-examination as well as other objections raised. All contentions in this regard are expressly kept open.
5. Petition stands disposed of in the above terms.
(SHARMILA U. DESHMUKH, J. )
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1 issue framed by the court
Whether an order rejecting an application to exhibit an architect's report should be set aside when parties reached a consensus to mark the document identically while keeping objections open?
Seva Sadan Society
Gool J Satta
SHARMILA U DESHMUKH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
