Gulshan Co Operative Housing Society Ltd. v. Ramiz Sayeed Mulla And ORS

23-wp10975-2023.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10975 OF 2023 ATUL GANESH KULKARNI Gulshan Coop. Housing Society Ltd.

... Petitioner V/s.

Ramiz Sayeed Mulla & Ors.

... Respondents ATUL GANESH KULKARNI Date: 2023.09.04 14:27:28 +0530 Mr. Dheeraj Patil for the petitioner.

Mr. Girish Paryani i/by A & G Legal Associates LLP for respondent Nos.1 and 2.

CORAM :AMIT BORKAR, J.

DATED :SEPTEMBER 4, 2023 P.C.:

1.

Challenging in this writ petition under Article 227 of the Constitution of India is to the order of exhibiting documents, which according to the petitioner, falls under second category of the parameters laid down by the Full Bench decision of this Court in Hemendra Rasiklal Ghia v. Subodh Mody reported in 2008 (5) CTC 577.

2.

Since the objection raised is towards mode of proof alleging it to be irregular or insufficient, such objection needs to be considered by the Trial Court at the final hearing of the suit but before delivery of judgment.

3.

With this clarification, the writ petition stands disposed of. No costs.

23-wp10975-2023.doc 4.

It is made clear that the objection raised by the petitioner shall be decided by the Trial at the time of final hearing of the suit, irrespective of the decision on it while exhibiting the documents. (AMIT BORKAR, J.)