Radheshyam Jangad vs Shanti Pralhad Sakla Wd/O Late ...
2023 Latest Caselaw 3211 Bom

                                                          908-WP-4002-2023..doc


 Harish/Arjun

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION
                        WRIT PETITION NO. 4002 OF 2023
 Radheshyam Jangad                                  ...Petitioner
         Versus
 Shanti Pralhad Sakla & Ors.
 W/o late Pralhad Narayan Sakla
 (Through her constituted Attorney and Son)
 Mr. Satish Sakla & Ors.                            ...Respondents

                                    WITH
                        WRIT PETITION NO. 4004 OF 2023

 Nemichand Giridharilal Gupta                       ...Petitioner
         Versus
 Shanti Pralhad Sakla & Ors.
 W/o late Pralhad Narayan Sakla
 (Through her constituted Attorney and Son)
 Mr. Satish Sakla & Ors.                            ...Respondents

                                    WITH
                        WRIT PETITION NO. 4005 OF 2023

 Suresh Babu Diwakar                                ...Petitioner
         Versus
 Shanti Pralhad Sakla & Ors.
 W/o late Pralhad Narayan Sakla
 (Through her constituted Attorney and Son)
 Mr. Satish Sakla & Ors.                            ...Respondents

                                    WITH
                        WRIT PETITION NO. 4006 OF 2023

 Mukesh Surjaram Khowal                             ...Petitioner
         Versus



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 Shanti Pralhad Sakla & Ors.
 W/o late Pralhad Narayan Sakla
 (Through her constituted Attorney and Son)
 Mr. Satish Sakla & Ors.                              ...Respondents


 Mr. Mohit Jadhav a/w Megha Shigavan & Shubham Shinde,
 for the Petitioner in all the Writ Petitions.
 Mr. Ashok Kumar Dubey, for Respondent No.3 in Writ
 Petition No.4006 of 2023.

                               CORAM : MADHAV J. JAMDAR, J.

                               DATED :    30th MARCH, 2023

 P.C.:

1. Heard Mr. Jadhav, learned counsel appearing for the

Petitioners and Mr. Dubey, learned counsel appearing for

Respondent No. 3 in Writ Petition No. 4006 of 2023.

2. In all these Writ Petitions the impugned orders passed are

on the application seeking leave for production of additional

documents. By the impugned orders passed by the learned Judge,

Small Causes Court, Mumbai (Bandra Branch) application of

production of documents were allowed and the matters are kept

for hearing on admissibility of documents.

3. It is the main submission of Mr. Jadhav, learned counsel

appearing for the Petitioner that, the Application is fled under

Order XIII Rule 3, 4 and 7 and Order XVI Rule 6 and 7 of the CPC

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which is not permissible. He pointed out Order XIII Rule 3 which

is regarding rejection of irrelevant or inadmissibe documents.

However, it is settled legal position that, substance of Application

has to be seen and not the provision which has been quoted in the

Application. It has been stated in the application that, the Original

Plaintiff has passed away and thereafter, Testamentary Petition

(L) No.589 of 2018 was fled and order was passed by learned

Single Judge of this Court on 9th April 2019 and thereafter,

Property Card has been mutated and therefore, prayer is made to

take on record the said documents.

4. By the impugned order production of documents is allowed

and matter is kept for hearing on admissibility of documents.

Therefore, no prejudice is caused to the Petitioner and, therefore,

there is no substance in the contentions raised by learned counsel

appearing for the Petitioner. This is not a case where interference

under Article 227 of the Constitution of India is required and,

therefore, all the Petitions are dismissed however, with no order

as to costs.

5. It is further clarifed that, all the contentions in respect to

admissibility of the documents produced by the Respondents are

kept open.

In the Afternoon Session :

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6. All these Writ Petitions were heard in the morning session

and all Writ Petitions were dismissed.

7. In Writ Petition No.4006 of 2023 Advocate Ashok Kumar

Dubey appeared for Respondent No.3 i.e. Satish Pralhad Sakla.

8. The impugned orders in the present Writ Petitions are

orders passed by the learned Judge, Small Causes Court, Mumbai

(Bandra Branch) in separate applications fled in 4 Suits seeking

production of documents. The details of all these Writ Petitions

along with the details of the impugned orders in the tabular form

are set out hereinbelow for ready reference :

Sr. Order Date W.P. Nos. Particulars of orders No.

1 01.08.2022 WP No.4002 of 2023 Order below Exhibit 33 in R.A.E. & R. Suit No.374/528 of 2011 2 01.08.2022 WP No.4004 of 2023 Order below Exhibit 34 in R.A.E. & R. Suit No.376/530 of 2011 3 01.08.2022 WP No.4005 of 2023 Order below Exhibit 33 in R.A.E. & R. Suit No.371/525 of 2011 3 01.08.2022 WP No.4006 of 2023 Order below Exhibit 36 in R.A.E. & R. Suit No.373/527 of 2011

9. As set out hereinabove all the Writ Petitions were dismissed

in the morning session.

10. However, at 1:32 p.m., the learned Prothonotary & Senior

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Master, High Court, Original Side, Bombay received a complaint

dated 30th March, 2023 made by Vishwambhar M. Parkar

Advocate having address at 1/B, 403, Saamana Parivar CHS

Limited, General Arun Kumar Vaidya Marg, Goregaon (East),

Mumbai - 400 065 stating as follows :

"Date : 30.03.2023

To, Prothonotary & Sr. Master, High Court, Original Side, Mumbai.

Sir, Ref ; High Court, Testamentary & Intestate Jurisdiction Testamentary Petition Lodging No.589 of 2018;

On 29th March, 2023 at 6.12 pm I received WhatsApp message on my mobile from Mobile No.9819432558 wherein I received an order of High Court allegedly passed in Testamentary Petition (Lodging) No.589 of 2018. At that time, I was meeting with my colleague advocate at her offce at Santacruz. After reading the said order carefully, I noticed that, the said order is bogus and fraudulent order. That, I had fled vakalatnama in Testamentary Petition fled by Smt. Shanti Sakla viz: Testamentary Petition No.593 of 2018 and hence, it is my duty to bring to your offce notice the said bogus and fraudulent orders. I further request your authority to take necessary action as permissible under the law.

908-WP-4002-2023..doc

Yours faithfully,

(V.M.PARKAR) Advocate"

(Emphasis added)

11. Said Advocate V. M. Parkar informed learned Prothonotary

& Senior Master, High Court, Original Side, Bombay that before

this Court the matters are listed at Serial No.908 to 911 inter alia

with respect to the said fraudulent orders.

12. The learned Prothonotary & Senior Master in view of the

said very serious complaint placed before me report dated 30th

March, 2023 inter alia stating as follows :

"It is respectfully further submitted that alongwith his said Complaint letter, the Advocate for Petitioner has enclosed a photocopy of some alleged true copy of some Oral Judgment in aforesaid Testamentary Petition Lodging No.589 of 2018 purportedly passed by this Hon'ble Court with Coram: R. D. Nalawade, J.. The said alleged Order does not bear any date. However, at foot of page 2, it is mentioned "Signature not verifed; Digitally signed by R. D. Nalawade (J.), Date : 2019.04.09, Time : 12.30.38".

It is respectfully submitted that the aforesaid Testamentary Petition No.593 of 2018 (i.e. Testamentary Petition Lodging No.589 of 2018) fled by said Shanti Pralhad Sakala, Petitioner

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abovenamed, was dismissed under Rule 435 of the High Court (Original Side) Rules, 1980, as per Notice dated 25th April, 2022 for non-prosecution. It is further submitted that upon perusal of the Minutes of Orders of aforesaid Petition, the aforesaid alleged Order/Judgment is not found.

It is respectfully further submitted that Mr. V. M. Parkar, Advocate for Petitioner, has while handing over the aforesaid Complaint informed to the Prothonotary and Senior Master that four matters of said Petitioner are listed today on board of Your Lordship at Sr. Nos.908 to 911. The aforesaid Complaint letter has been received around 1.32 p.m. and the aforesaid matters came to be disposed of by Your Lordship in the Morning Session.

Under the aforesaid circumstances, the said Complaint letter is placed before Your Lordship for perusal and appropriate further directions."

(Emphasis added)

13. As noted above the complaint is of very serious in nature.

Bogus and fraudulent order purported to be passed in said

Testamentary Petition and purported to be certifed copy of such

purported order is produced before the learned Judge, Small

Causes Court, Mumbai. Therefore, the order which has been

passed in the morning session dismissing the Writ Petitions is

recalled and all the Writ Petitions are restored to the fle of this

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Court.

14. Issue notice to Advocate Ashok Kumar Dubey who has

appeared in the morning session in Serial No.911 for Respondent

No.3. Also issue notice to Rajan Malkani & Co., Advocates for the

Plaintiff appearing in the Small Causes Court, Mumbai and also to

the Respondents.

15. Stand over to 10th April, 2023. To be shown 'frst on board'.

16. The learned Prothonotary & Senior Master, Original Side,

High Court, Bombay is at liberty to take appropriate steps in

accordance with law against the concerned persons. The learned

Prothonotary & Senior Master, Original Side, High Court, Mumbai

is also requested to place copy of this order before the learned

Acting Chief Justice.

17. Further proceedings of all the four Suits as per above details

pending before the Small Causes Court at Mumbai (Bandra

Branch) shall remain stayed till further orders. The learned

Registrar, Small Causes Court, Mumbai is directed to immediately

seal all the record and proceedings of all the aforesaid Suits and

submit the same with the learned Prothonotary and Senior

Master, Original Side, High Court, Bombay by tomorrow i.e. on or

before 31st March, 2023. The learned Prothonotary & Senior

Master, Original Side, High Court, Bombay shall keep aforesaid

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records and proceedings of all four Suits in his custody until

further order.

18. The Respondents are restrained from producing purported

order dated 9th April, 2019 purported to have been passed by R. D.

Nalawade J. and purported to have been digitally signed by R. D.

Nalawade, J. in Testamentary Petition (L) No.589 of 2018 or copy

thereof, before any Court or before any authority.

19. The learned Prothonotary & Senior Master, Original Side,

High Court, Bombay who is present in Court has pointed out that

Justice T. V. Nalawade was a Judge of this Court having

assignment at Aurangabad Bench of this Court and retired on 9 th

March, 2021.

20. Copy of this order be also placed before the learned Acting

Chief Justice.

21. Mr. Girish Godbole, learned Senior Advocate of this Court is

appointed as amicus to assist the Court.

22. Stand over to 10th April, 2023 [frst on board..

(MADHAV J. JAMDAR, J.)