Gulshan Co Operative Housing ... vs Ramiz Sayeed Mulla And Ors
2023 Latest Caselaw 9257 Bom

2023:BHC-AS:25469
                                                                            23-wp10975-2023.doc


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

                                    WRIT PETITION NO.10975 OF 2023


                    Gulshan Coop. Housing Society Ltd.            ... Petitioner
                              V/s.
                    Ramiz Sayeed Mulla & Ors.                     ... Respondents


                    Mr. Dheeraj Patil for the petitioner.
                    Mr. Girish Paryani i/by A & G Legal Associates LLP for
                    respondent Nos.1 and 2.



                                                 CORAM : AMIT BORKAR, J.

                                                 DATED      : SEPTEMBER 4, 2023
                    P.C.:

1. Challenging in this writ petition under Article 227 of the Constitution of India is to the order of exhibiting documents, which according to the petitioner, falls under second category of the parameters laid down by the Full Bench decision of this Court in Hemendra Rasiklal Ghia v. Subodh Mody reported in 2008 (5) CTC 577.

2. Since the objection raised is towards mode of proof alleging it to be irregular or insufficient, such objection needs to be considered by the Trial Court at the final hearing of the suit but before delivery of judgment.

3. With this clarification, the writ petition stands disposed of. No costs.

23-wp10975-2023.doc

4. It is made clear that the objection raised by the petitioner shall be decided by the Trial at the time of final hearing of the suit, irrespective of the decision on it while exhibiting the documents.

(AMIT BORKAR, J.)