Madhu Kumar Kurup v. Shahid Mirajuddin Chughatta

2023:BHC-AS:36042 sa_mandawgad 1/2 19wp7825-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.

7825 O Madhu Kumar Kurup ...

Petitioner.

Versus

Shahid Mirajuddin Chughatta ...

Respondent.

--- Mr.Nitesh Acharya, Advocate for the Petitioner. Mr. Rakesh D. Kumar i/by Mr.Vijendra Jabra, Mr.Shivkumar Mishra Advocate for the Respondent.

---

CORAM

: SHARMILA U. DESHMUKH, J.

DATE : DECEMBER 04, 2023.

P. C. :

1.

Learned counsel appearing for the petitioner submits that subsequently the document of development agreement of which the production was being sought by the petitioner through a direction of the Court to the respondent has been filed before the trial Court and an application for taking on record the development agreement is pending.

2.

In that view of the matter, the trial Court is directed to decide the application filed by the petitioner for placing the development agreement on record on its own merit and in accordance with the law. Needless to clarify that the order which is

sa_mandawgad 2/2 19wp7825-23 impugned in the present petition rejected the application for direction to the respondent to produce the development agreement and the scope of the application which has now been filed by the petitioner is completely different and as such, the trial Court is required to decide the same on its own merit and uninfluenced by the observations made in the order.

3.

Writ Petition stands disposed of in the above terms. ( Sharmila U. Deshmukh, J.)