Bombay High CourtCAW/1967/2016allowed

Gurbachan Singh Ishar Singh v. Maniben Premji Shah And ORS.

2017-06-22Hon'Ble Shri Justice B.P. Colabawalla3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 8150 OF 2016 WITH CIVIL APPLICATION NO. 1967 OF 2016 WITH CIVIL APPLICATION NO. 221 OF 2017 Darshan Kaur Ishar Singh (since deceased) & Ors.

...Petitioners

vs Maniben P. Shah & Ors.

...Defendants.

.....

Mr Gurubachan Singh the Petitioner in person. Mr Kishore P. Jain a/w D.K.Jain /b Divya Jain & Shweta Jain for Respondent No.4(f).

.....

CORAM : B.P.COLABAWALLA, J.

JUNE 22, 2017.

P.C. :

Civil Application No.1967 of 2016 has been filed for allowing Respondent No.1(a) to bring on record the following documents:- (i) the copy of the amended Plaint in the R. A. & R. Suit No.626 / 1255 of 1996 in the Court of Small Causes at Mumbai; (ii) the copy of the plaint in the T. E. & R. Suit No. 253 / 274 of 2003 in the Court of Small Causes at Mumbai;

(iii) the copy of the Stay Order dated 02.03.2006 passed by the Appeal Court at the Court of Small Causes at Mumbai in the Pg 1 of 3

Appeal No. 59 of 2006 from the Judgment and Order dated 21.10.2005 in the T. E. & R. Suit No.253 / 274 of 2003 in the same Court;

(iv) the copy of the Deed of Surrender of Tenancy dated 06.03.2009 (including copy of Cheque annexed thereto);

(v) the copy of the letter dated 20.06.2016 from the advocate of the Respondents-Defendants to the advocate of the PetitionerPlaintiff; (vi) the copy of the registered Deed of Conveyance dated 30.05.2007 bearing registration No. BBE - I / 7373 of 2007; (vii) the Table showing the arrears of rent and of interest accumulated thereon from the period 01.03.2009 up to 31.05.2017." This Writ Petition is pending admission. I have heard learned advocate for the parties. Mr Jain, learned advocate appearing for Respondent No.4(f) very fairly does not seriously oppose this Civil Application.

In these circumstances, Civil Application No.1967 of 2016 is allowed in terms of prayer clauses (a) and (b) and Petitioner No.1(a) is allowed to bring on record the documents listed herein above. The Civil Application is disposed of accordingly.

Place this Writ Petition for admission on 7th July, Pg 2 of 3

2017.

Needless to clarify that the truth of the contents of these documents that are brought on record including the table of calculation of arrears of rent, are not admitted by the Respondents.

( B.P.COLABAWALLA,J.) Pg 3 of 3