Interim Order 2

Order Details: Order below exhibit
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MHCC010046892018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
ORDER BELOW EXH.13
IN
L.C.SUIT NO.1066 OF 2018
Suryaprakash Fateh Bahadur Singh
Age: 48 years, Occ: Business,
Indian Inhabitant of Mumbai having
Address at Shop No.1, Mahavir Estate
Lokmanya Tilak Nagar, Sakinaka,
Kurla (West), Mumbai 400 072. .. Plaintiff
Versus
Municipal Corporation of
Gr. Mumbai,
Having its office at Mahapalika Marg
Fort, Mumbai 400 001. .. Defendant
CORAM : HIS HONOUR JUDGE
R. K. DESHPANDE.
C.R. NO. 11.
DATED : 17.06.2026
APPEARANCE :
Ld. Adv. Mr. Prajal Khatavkar for the plaintiff.
Ld. Adv. Mr. Sajay Yadav h/f Adv. Mr. Botlawar for defendant/BMC.
ORDER
1. Read the application and reply given by the advocate for
defendant. Perused the record.
2. It is the contention of plaintiff that document at Sr. no.2 is a
Government Resolution. The original of the documents at Sr. No.3-5
and 7 to 8 are certified copy of the original produced in the Small
Causes Court in TE & R Suit No.201/240 of 2013 as evidence which
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include rent receipts, shop license, Municipal taxes, N.A. plan and letter
dated 25.11.1989. The plaintiff has applied for certified copy of the
same and produce as evidence in the present suit. The document at Sr.
No.6,9 and 14 are photo copies of the letter addressed by the MMRDA,
Collectors letter dated 24.04.2017 and letter of previous advocate, he
added that original documents were in his possession however he has
lost the original documents and inspite his best efforts he could not
trace out the same and these photo copies are taken from the original
document. Hence by mentioning the facts, applicant prayed for allowing
him to read as secondary evidence.
3. On the other hand, advocate for defendant opposed the present
application.
4. Heard both sides. Perused the record.
5. The plaintiff has sought a following documents to be lead in
secondary evidence in this application such as 1 to 16.
LIST OF DOCUMENT AT EXH.12
Sr. No. Particulars.
1 Rough Sketch Plan
2 Government Resolution 20.10.1977
3 Rent Receipts
4 Bombay shops and Establishment license
5 Municipal Taxes
6 Letter dated 08.05.2008 by MMRDA
7 N.A. Plan
8 Letter dated 25.11.1989
9 Collectors Letter dated 24.04.2017
10 Electricity bill dated 12.01.2013, Electricity bill dated
14.06.2016
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11 Notice of BMC dated 09.02.2018
12 Inspection report
13 Speaking order dated 21.02.2018
14 Advocate letter dated 06.04.2018
15 Speaking order dated 30.05.2018
16 Application of photo pass
6. Record shows that document at Sr. no.11, 12,13 and 15 are not
disputed by defendants. Similarly document at Sr.
no.2,3,4,5,6,7,8,9,10,11,12,13,14,15 and 16 are appears to be a
certified copies issued by the Court of Small Causes Court, Mumbai.
7. Under section 65 of the Indian Evidence Act, the secondary
evidence may be given of the existence condition or contents of
document in one of the case mentioned in clause (a) to (g). In the
instant case the document such as A plan, letter dated 24.04.2017
issued by the collector are the true copies. In such situation, those above
mentioned documents can be proved by way of adducing a secondary
evidence. In view of this I proceed to pass following order.
ORDER
1. Exh.13 is allowed except pertaining to document at Sr. No.
1,18,19,20 and 21.
2. Plaintiff is permitted to lead secondary evidence as to existing of
those documents according to law.
3. Keep the matter of proof of contents upon subject to read
evidence as per law.
(R. K. Deshpande)
Judge,
Dated : 17.06.2026 City Civil Court, Mumbai.
Dictated on : 17.06.2026
Transcribed on : 17.06.2026
Checked on : 17.06.2026
Signed on : 17.06.2026
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
DTD.17.06.2026, 01.00 p.m. (V. N. Rajgole)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
room no.)
HHJ R. K. Deshpande.
C.R. No.11.
Date of Pronouncement of
JUDGMENT/ORDER
17.06.2026
JUDGMENT/ORDER signed by
P.O. on
17.06.2026
JUDGMENT/ORDER uploaded
on
17.06.2026
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