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Bombay High CourtWP/11336/2014disposed off

Mr. Bipin Ratilal Kamani And ANR. v. Mr. Chandrakant Babulal Shah And ORS.

2015-08-03Hon'Ble Shri Justice M.S. Sonak2 pages

1 WP 11336-14 @ WP 11337-14.doc-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11336 OF 2014 Mr. Bipin Ratilal Kamani and Anr.

] ... Petitioners

Versus

Mr. Chandrakant Babulal Shah and Ors.

] ... Respondents WITH WRIT PETITION NO.11337 OF 2014 Mr. Rameshchandra Purshottam Vohera ] and Anr.

] ... Petitioners

Versus

Mr. Chandrakant Babulal Shah and Ors.

] ... Respondents Mr. Subhash V. Gutte for Petitioners in both Writ Petitions. CORAM :- M. S. SONAK, J.

DATE :- AUGUST 03, 2015 P. C. :- 1.

Both these Writ Petitions can be disposed of with a common order.

2.

There is no necessity to interfere with the impugned orders. However, it is necessary to clarify that merely because some URS

2 WP 11336-14 @ WP 11337-14.doc-20 documents have been admitted in evidence, such admission, does not amount to proof of the contents thereof.

3.

Besides, in case the Petitioners are ultimately aggrieved in the suit and choose to prefer a substantive appeal against the decision therein, then the Petitioners shall be at liberty to challenge the impugned orders by applying the principles contained in Section 105 of the CPC.

4.

With the aforesaid observation, these Writ Petitions are disposed of.

(M. S. SONAK, J.) URS