Sunita Narayan Mandal v. The Municipal Corporation Of Greater Mumbai

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 1763 OF 2015 IN FIRST APPEAL NO. 1012 OF 2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. B. P. Shukla for the applicant.

Mrs. M. R. Bhoir for the respondent.

CORAM : K. K. TATED, J.

DATED : 14/08/2015.

P.C.:

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Heard learned Counsel for the parties.

This application is preferred by plaintiff for allowing them to collect the original documents as stated on page 5 of additional Affidavit dated 11.08.2015.

The learned Counsel for the applicant submits that the plot of land on which the suit premises is situated is under redevelopment process taken by SRA. He submits that these documents required by the plaintiff to submit before the Rehabilitation Authority for deciding plaintiff's eligibility to get alternate accommodation. He further submits that 1/3

applicant undertakes to place on record the photocopies of these documents duly certified by the Notary and also to bring back these original documents within one year from today.

Considering the submissions made by the learned Counsel for the applicant and averments made in paragraph 3 of additional affidavit dated 11.08.2015, I am satisfied that applicant has made out case for allowing Civil Application.

Hence, the following order is passed:

A) Applicant is permitted to withdraw following original documents from R & P :- "1 Original Ration Cards (Old and New) issued in the name of Bharat L. Wagh.

Original Sale Deed executed in favour Appellant.

Original Irrevocable General Power of Attorney executed by Bharat L. Wagh in favour of the Appellant.

Original Affidavit Cum Declaration by Bharat L. Wagh, assigning his right, title and interest in favour of the Appellant.

Original Ration Card of the Appellant.

Original Photopass and Payment Receipt."

B) Before withdrawing all original documents, applicant to file undertaking stating that he will bring all original documents within one year from this date.

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C) Applicant to place on record true photocopies of these documents.

D) Civil Application is disposed of accordingly. (K.K.TATED, J.) 3/3