Ghanshyam Gurunath Mahajan And ORS v. Neelkanth Maruti Vishe And ORS

IRESH SIDDHARAM MASHAL SIDDHARAM MASHAL Date: 2022.04.12 10:46:30 +0530 51.2479.22 WP.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 2479 OF 2022 GHANSHYAM GURUNATH MAHAJAN AND ORS ....PETITIONERS V/s.

NEELKANTH MARUTI VISHE AND ORS .....RESPONDENTS Mr. Girish G. Togani Advocate for the Petitioners Ms. Rebecca Almeida i/b Dr. D. S. Hatle Advocate for Respondents CORAM :

NITIN W. SAMBRE, J.

DATE:

APRIL 11, 2022.

P.C.:

1) It is informed by the counsel for the Petitioner that certified copy of extract of register maintained by Police Inspector, Padgha Police Station, Thane Rural is already produced on record of the Court below, however, same is subsequent to the passing of the order impugned. According to him, Application Exh. 71 as such can be considered afresh in the light of said document which is a certified copy of public document.

2) There appears to be substance in the submissions made by the 1/2

51.2479.22 WP.doc counsel for the Petitioner as the document which is produced on record of the Court below after passing of the order impugned viz. extract register maintained by Police Inspector, Padgha Police Station, Thane Rural will have direct bearing over the prayer made in Application Exh. 71.

3) In that view, order impugned dated 21/12/2021 is set aside. It is directed that Application Exh. 71 be decided afresh in the light of aforesaid certified copy of the extract of police station record. 4) Petition stands partly allowed.

[NITIN W. SAMBRE, J.] 2/2