Shri. Uttareshwar Balwant Sopal ... vs Abdul Rashid Mahamad Hasan Jlkre ...
2018 Latest Caselaw 263 Bom

Dixit
              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION

                              WRIT PETITION NO.10129 OF 2016

        1. Shri Uttareshwar Balwant Sopal (Since Deceased),     ]
           Through LRs. :                                       ]
           1-A. Shri Shivaprasad Uttareshwar Sopal              ]
                  Age : 45 years, Occ. Service,                 ]
                  R/of 2511, Ganesh Road, Barshi,               ]
                  Dist. Solapur.                                ]
           1-B. Smt. Pravina Nandkumar Honrao,                  ]
                  Age : 55 years, Occ. Service,                 ]
                  R/of Navi Peth, Solapur.                      ]
           1-C. Smt. Shradha Umesh Gavare,                      ]
                  Age : 52 years, Occ. Service,                 ]
                  R/of Karad Road, Pandharpur,                  ]
                  Dist. Solapur.                                ]
           1-D. Smt. Bharati Vishwanath Dulange,                ]
                  Age : 50 years, Occ. Housewife,               ]
                  R/of Jodbhavi Peth, Solapur.                  ]
           1-E. Smt. Aarti Milind Sakhare,                      ]
                  Age : 50 years, Occ. Household,               ] .... Petitioners /
                  R/of Datta Peth, Karmala, Dist. Solapur.      ] (Org. Defendants)
                              Versus
        1. Abdul Rashid Mahamad Hasan Jikre,                    ]
           (Since Deceased), through LR.:                       ]
           1-A. Nasir Abdul Rashid Jikare,                      ]
                  Age : 60 years, Occ. Business,                ]
                  R/of 2549/2, Latur Road, Barshi,              ]
                  Dist. Solapur.                                ]


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           Respondent No.1 for himself and as                 ]
          a Power of Attorney Holder of                      ]
          Respondent Nos.2 to 5.                             ]
2. Maksud Abdul Rashid Jikare,                               ]
     Age : 58 years, Occ. Business                           ]
3. Manjur Abdul Rashid Jikare (Since Deceased),              ]
     Through LRs.:-                                          ]
     3a. Shafin Manjur Jikare,                               ]
        Age : 46 years, Occ. Housewife.                      ]
     3b. Aafrin Manjur Jikare,                               ]
        Age : 27 years, Occ. Education.                      ]
     3c. Aasma Manjur Jikare,                                ]
        Age : 26 years, Occ. Education.                      ]
     3d. Reshma Manjur Jikare,                               ]
        Age : 23 years, Occ. Education.                      ]
     3e. Mohammad Manjur Jikare,                             ]
        Age : 18 years, Occ. Education.                      ]
        All residents of 2549/2, Latur Road,                 ] .... Respondents /
        Barshi, Dist. Solapur.                               ] (Original Plaintiffs)


Mr. S.D. Thokade for the Petitioners.
Mr. Dadhichi S. Mhaispurkar for Respondent Nos.1 and 3a to 3e.


                         CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

                         DATE          : 10 TH JANUARY 2018.


ORAL JUDGMENT :

1. Rule. Rule is made returnable forthwith. Heard finally, at the stage

of admission itself, by consent of Mr. Thokade, learned counsel for the

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Petitioners, and Mr. Mhaispurkar, learned counsel appearing for

Respondent Nos.1 and 3a to 3e.

2. By this Petition, filed under Article 227 of the Constitution of India,

the Petitioners are challenging the order dated 22 nd February 2016

passed by learned District Judge-1, Barshi, below "Exhibit-64" in Civil

Appeal No.173 of 2014. The said application was filed by the Petitioners

herein, who are Appellants before the First Appellate Court, for seeking

production of original Sale Deed dated 31st December 1997 and certified

copy of the order passed in Regular Civil Suit No.45 of 1998.

3. The application at "Exhibit-64" was opposed on the ground that,

the certified copy of the Sale Deed dated 31 st December 1997 and also

the certified copy of the order passed in Regular Civil Suit No.45 of 1998

is already produced on record. Hence, it was submitted that production

of original Sale-Deed is not necessary.

4. In view thereof, the Appellate Court has rejected the said

application "Exhibit-64".

5. However, as rightly submitted by learned counsel for the

Petitioners, both these documents, certified copy of the Sale-Deed and

certified copy of the order are not exhibited. Hence, considering that the

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certified copy of the Sale Deed dated 31 st December 1997 and also the

certified copy of the order in Regular Civil Suit No.45 of 1998, were

already produced on record and they were also referred to by the Trial

Court but not exhibited, it would be proper, if the certified copy of the

said Sale Deed and the certified copy of the order in Regular Civil Suit

No.45 of 1998, are allowed to be exhibited and admitted in evidence. It

will also solve the grievance of the Petitioners.

6. Accordingly, the Writ Petition is disposed of only with a direction

that, the Appellate Court will admit in evidence and mark as exhibit the

certified copy of the Sale Deed dated 31 st December 1997 and the

certified copy of the order passed in Regular Civil Suit No.45 of 1998.

7. Rule is made absolute in above terms.

[DR. SHALINI PHANSALKAR-JOSHI, J.]

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