Smita Ravindra Salvi v. Kalyanji Jivraj Shah And ORS.

caf-2681.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2681 OF 2015 IN FIRST APPEAL NO.2382 OF 2007 Smt. Smita Ravindra Salvi : Applicant/Appellant.

In the matter of Smt. Smita Ravindra Salvi : Appellant.

Versus

Kalyanji Jivraj Shah and ors.

: Respondents.

Mr. Kalpesh Joshi for the Applicant.

Mr. Bhupesh Dhumatkar i/by Jhangiani, Narula & Associates for the Respondent Nos.1 to 3.

CORAM :

R. M. SAVANT, J.

DATE :

22nd June 2016 P.C.

Having regard to the reasons why the Applicant/Appellant has filed the above Civil Application and sought the relief by way of prayer clause (a) of the Civil Application, the same is allowed to the extent that the hand writing expert appointed by the Applicant/Appellant is permitted to take photograph of the Agreement dated 22/03/1993 annexed at Sr.No.4 to the compilation of the documents of the Respondents and marked as Exhibit 13 in the suit by the Trial Court. However, the said exercise would have to be carried out in terms of the following directions :- lgc

caf-2681.15 [1] The Applicant/Appellant would seek appointment of learned Registrar (Judicial-II) of this Court so as to fix the date and time for taking said photograph.

[2] The photograph would be taken in the presence of the learned Registrar (Judicial-II) of this Court and/or the officer appointed by him for the said purpose. The Respondent Nos. 1 to 3 and their counsel may also remain present on the date and time when the photograph is to be taken. [3] After the photograph is taken the records and proceedings would revert back to the Registry.

[4] With the aforesaid directions, the above Civil Application is disposed of.

[R.M.SAVANT, J] lgc