Raishi Shivji Chheda (Since Decd) Through Lrs. v. Dhirajlal Raishi Chheda And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6258 OF 2017 Mukesh Raishi Chheda since deceased lrs.

...Petitioners

vs Dhirajlal Raishi Chheda & Ors.

...Respondents

WITH WRIT PETITION NO. 6259 OF 2017 Raishi Shivji Chheda since deceased lrs.

...Petitioners

vs Dhirajlal Raishi Chheda & Ors.

...Respondents

.....

Mr Yahya Ghoghari i/b Jatin Sheth for the Petitioners in both Petitions.

Mr V.Y.Sanglikar a/w Ms Leena Shah i/b Shah and Furia Associates for the Respondents in both Petitions. Ms Kavita N. Solunke, AGP, A.S. (Writ Cell) for the State present.

.....

CORAM : B.P.COLABAWALLA, J.

JUNE 27, 2017.

P.C. :

These Writ Petitions are filed challenging two orders dated 25th October, 2016 passed below Exhs. 246 and 271 respectively. These applications were filed by the original Defendant/father (now deceased) seeking a direction for sending 107 rent receipts for analysis and verification to the Directorate Pg 1 of 4

of Forensic Science Laboratory at Kalina, Santacruz. By the impugned orders, the applications filed by the original Defendant (deceased father) were rejected.

When I heard both these matters on 19th June, 2017, I inquired from Mr Sanglikar whether his client (original Plaintiff) in L.E. Suit No.141/173 of 2008 was agreeable to send all the rent receipts to the Directorate of Forensic Science Laboratory at Kalina, Santacruz to determine/scrutinize the difference, if any, of the paper quality and the ink on revenue stamp of the Rent Receipts for the period from March 1987 to December 2000. At that time, Mr Sanglikar was unable to agree to my suggestion. Since I found that the arguable questions were raised, rule was issued and the Trial Court was directed not to proceed with L.E. Suit No. 141/173 of 2008.

Today these matters have been moved before Me wherein Mr Sanglikar, on taking instructions, states that his client (original Plaintiff) is agreeable to send all the 107 rent receipts to the Directorate of Forensic Science Laboratory at Kalina, Santacruz to determine/ scrutinize the difference, if any, Pg 2 of 4

of the paper quality and the ink on the revenue stamp of the rent receipts (107 rent receipts in all) for the period March 1987 to December 2000.

In view of the aforesaid statement, the impugned orders dated 25th October, 2016 passed below Exhs. 246 and 271 respectively are hereby quashed and set aside. All 107 rent receipts which collectively form the subject matter of these two Writ Petitions are directed to be sent to the Directorate of Forensic Science Laboratory at Kalina, Santacruz to scrutinize the difference in the paper quality, if any, and the ink used on the revenue stamps of the rent receipts and file a Verification Report in the Trial Court in a sealed cover, within a period of four weeks from the date of receipt of a copy of this order. The charges for this entire exercise shall be borne by the Petitioners herein.

Until the report is submitted by the Directorate of Forensic Science Laboratory at Kalina, Santacruz, the Trial Court is directed not to proceed with L.E. Suit No. 141/173 of 2008. Once the report is received, the Trial Court after Pg 3 of 4

considering the report shall proceed with the suit and shall make an endeavor to dispose of the suit as expeditiously as possible. All contentions with reference to the report of all parties are kept open.

Both the Writ Petitions are disposed of in the aforesaid terms.

( B.P.COLABAWALLA,J.) Pg 4 of 4