Shri. Laxman Babu Parmar v. Smt. Rehana Abdeali Kesuri

p17-caf-4921-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4921 OF 2016 IN FIRST APPEAL NO.425 OF 2010 Shri.Laxman Babu Parmar ..Applicant (Org. Respondent/ Defendant)

IN THE MATTER BETWEEN

Rehana Abdeali Kesuri ..Appellant (Org. Plaintiff) V/s.

Laxman Babu Parmar ..Respondent (Org. Defendant) ---- Miss.Jayshree P. Thakkar for the Applicant.

Mr.Dattatrya P. Adharkar for the Respondent.

---- CORAM : G.S. KULKARNI, J.

DATE : 21st DECEMBER, 2016.

P.C.

1.

Not on board. Taken on board on a praecipe as moved on behalf of the applicant.

2.

Heard the learned counsel for the applicant. By this application, the applicant prays that the applicant be allowed to withdraw the original rent receipts which are N.S. Kamble page 1 of 2

p17-caf-4921-2016 deposited in this Court, on the record of first appeal no.425 of 2010 arising out of the order in S.C.Suit No.97 of 2008, subject to the usual undertaking to be filed by the applicant to produce the same as and when the original Rent receipts are required. The reason being that the same are required by the Respondent in adjudication of RAD Suit No.740 of 2008, as pending before the Small Causes Court, Mumbai. The learned counsel for the Respondent has no objection for the grant of applicants prayer in terms of prayer clause (a) of the Civil Application. 3.

The Civil Application is accordingly allowed in terms of prayer clause (a) subject to the office retaining photo copies of these rent receipts which be certified as true copies. The applicants are directed to file an undertaking within a period of two weeks from today that they shall produce the original Rent Receipts as and when required. The Civil Application is allowed in the above terms. No order as to costs. (G.S. KULKARNI, J.) N.S. Kamble page 2 of 2