Mr. Rehmatulla Abdul Razak Khan And ANR v. Mr. Mustafa Abdul Razak Khan

WP-8772-14.doc 24.02.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8772 OF 2014 Mr. Rehmatulla Abdul Razak Khan and another .. Petitioners

Versus

Mr. Mustafa Abdul Razak Khan .. Respondent Shri. Afroz A. Siddiqui, for the Petitioners. Shri. C. K. Bhangoji i/by Shri. Balwant V. Patole, for the Respondent. CORAM : R.M. SAVANT, J.

DATE : 24th FEBRUARY, 2015 P.C.

1.

The Writ Jurisdiction of this Court is invoked against the order dated 10.06.2014 passed by the Learned Judge of the City Civil Court, Bombay, by which order the Learned Judge refused to exhibit documents at Sr. Nos.1 to 3 in the list of documents Exh.17. The three documents are the declaration in respect of the Sale of immovable property i.e. Hut No.193, the affidavit allegedly executed by one Mrs. Ashraf Begum Abdul Rassak Khan and a photocopy of the census form and receipt. In so far as the order relating to the declaration and affidavit is concerned, in my view the order passed by the Trial Court does not merit any interference at the hands of this Court in its Writ Jurisdiction. In so far as the photocopy of the census form and receipt is concerned, it would be BGP.

WP-8772-14.doc 24.02.2015 open for the Petitioner to produce a certified copy of the same from the concerned office and place it on record. If the certified copy is not produced, the impugned order in so far as the said document is concerned, would also stand. With the aforesaid observations, the Writ Petition is disposed of.

[R.M. SAVANT, J] BGP.