Shri.Babulal Pareshwaraji Thakur (Orig. Respondent No.2) v. Shri.Shrikant Manishankar Rele(Since Deceased) Through Sanjay Shrikant Rele

Sherla V.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3172 OF 2015 IN FIRST APPEAL NO.668 OF 2001 Babulal Pareshwarji Thakur ... Applicant

IN THE MATTER BETWEEN

Shrikant Manishakar Rele since deceased, through Sanjay hrikant Rele ... Appellant Vs.

Prakash Manishankar Rele & Ors.

... Respondents Mr.M.G. Gawade i/b G.S. Manasawala for the Applicant CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 11th SEPTEMBER, 2015 P.C.:

1.

The application is moved for withdrawal of documents which are lying in the record and proceedings in First Appeal No.668 of 2011 which arose out of the judgment and decree in Civil Suit No.534 of 1982. The learned Counsel for the applicant submits that these documents are filed by Respondent No.2 in Appeal i.e., Defendant No.2 in the suit. The suit was dismissed. He therefore wants to withdraw the documents. It is submitted that he wants to file the said documents in some other suit in the City Civil Court.

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2.

After hearing the learned Counsel for the applicant, in my view, instead of allowing the applicant to withdraw the original documents, it would be appropriate that he is allowed to take photocopies, certified by the authority which is competent to certify from the Registry and thereafter those copies can be produced before the trial Court. If requisitioned by the trial Court, the original documents can be sent to the trial Court by the Registry.

3.

Order accordingly.

4.

Civil Application stands disposed of.

(MRIDULA BHATKAR, J.) 2 / 3

CERTIFICATE copy of original signed Judgment / Order.

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