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Court Order

Final Order 1

CNR MHCC01000157201915 Oct 2019
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Final Order 1 · 15 Oct 2019 · CNR MHCC010001572019

Order Details: Other
Pdf Text: 15.10.2019
MA 4/19
In su 6875/79
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Mohd. Akram Bastivi is present.
KB
Adv. Mohd. Akram Bastivi is present.
ORDER PASSED BELOW EXH.1
Applicant/plaintiff No.1c (iv) has applied for return of documents
as per list annexed to pursis filed on 05.10.2019. Suit No.6875 of
2019 is already disposed off. On perusal of record and proceeding of
said disposed off suit it seems that those documents have been placed
on record by the plaintiffs. It is pertinent to note that as per Order
XIII Rule 9 of CPC admitted documents can be returned to the party
who produce the same. Those documents are admitted in evidence
and marked exhibits. The proceeding is already disposed off. There is
nothing on record to suggest that any appeal is pending against the
order terminating the proceeding of aforesaid suit. Therefore, I find it
just to return documents as per list annexed to pursis dated
05.10.2019 to applicant on filing attested copy of those documents to
be substituted for original after obtaining acknowledgment about
receipt of those documents and giving undertaking to produce those
original documents if required to do so. Hence, pass following order.
ORDER
1. Miscellaneous Application No.4 of 2019 is allowed.
2. Documents as per list annexed to pursis dated 05.10.2019 be
returned to applicant on filing attested copy of those documents to be
substituted for original after obtaining acknowledgment about receipt
of those documents and giving undertaking to produce those original
documents if required to do so.
3. Record and proceeding be returned to the Department.
4. Accordingly, miscellaneous application is disposed off.
Judge
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