Shantidevi J Singh v. Municipal Corporation Of Greater Mumbai And ORS

Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2023.06.17 15:35:25 +0530 MANGALTAI JAYWANT JADHAV 928-WP-6921-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 6921 OF 2023 Shantidevi J. Singh

...Petitioner

Versus

Municipal Corporation of Greater Mumbai and ors.

...Respondents

.........

Mr. Dharam Jumani a/w Mr. Arvind Giriraj a/w Ms. Kavita Sharma a/w Ms. Mani Thevar i/b Ganesh and Company for the Petitioner. Mr. R. Y. Sirsikar for the Respondent No. 1- MCGM. .........

CORAM : N.R. BORKAR, J.

DATED : 16 JUNE 2023 P.C. :- .

The petitioner/ plaintiff has filed the suit for declaration and injunction. At the stage of final argument, the respondent/ defendant has filed the application dated 5 December 2022 seeking permission to produce certain documents on record.

2.

The trial Court by order dated 8 March 2023, which is impugned in the present petition had allowed the production of the said documents and even they are ordered to be exhibited/ admitted in the evidence. 3.

The learned counsel for the petitioner submits that the application was moved with intent to fill up the lacuna in the evidence of the respondent/ defendant and therefore the trial Court ought not to have MJ Jadhav 1 / 2

928-WP-6921-23.odt allowed the said application. In the alternative, it is submitted that the permission be granted to further cross-examine DW- 1 Ashwini Ashok Jog. 4.

Considering overall facts and circumstances of the case, permission is granted to the petitioner of further cross-examination. For that purpose, the trial Court shall recall DW- 1 and shall permit the petitioner to crossexamine her. 5.

The Petition is disposed of in aforesaid terms. ( N.R. BORKAR, J. ) MJ Jadhav 2 / 2