Order 1

Order Details: Order below exhibit
Pdf Text: 1 Order below Ex.11 in L.C.S. No.1493 of 2018
CNR:MHCC010064672018
IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY
ORDER BELOW EX.11
ON ADMISSION AND DENIAL OF DOCUMENTS
IN
LONG CAUSE SUIT NO.1493 OF 2018
Himanshu Jayantilal Kamdar .. Plaintiff
V/s.
The Municipal Corporation of
Greater Mumbai & Anr. .. Defendants
Appearance:
Adv. Sanket Mungle for plaintiff.
Adv Smt. Kumud Soraan for defendant/MCGM.
CORAM : HER HONOUR ADHOC JUDGE
SMT. A.H. KASHIKAR
CITY CIVIL COURT, GR.
BOMBAY
(C.R. NO.05).
DATE : 27.07.2022
ORDER
1 Heard Adv. for plaintiff and Adv. defendants on the
point of admission and denial of the documents.
2 The document at Sr.No.5, 7, 9 and 12 are admitted by
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2 Order below Ex.11 in L.C.S. No.1493 of 2018
the defendants. Hence, they are marked as Ex.12 to 15.
respectively.
3 The document at Sr.No.1 is original Power of Attorney
dt.19th July, 2022. It is original document having reference in the
evidence. Hence, being admissible document, it is marked as
Ex.16.
4 The document at Sr.No.2, 3, 4, 6 and 8 are the photo
copies of letter, agreements etc. described in the list of which
originals are not traceable. Advocate for plaintiff made submission
that he is leading secondary evidence to that effect. Contents of
said documents are proved in the affidavit of examination in chief
as per Section 63 and 65 of Indian Evidence Act. Foundation has
been made in evidence. Hence, same may be exhibited. Since
criteria for leading secondary evidence has been complied with by
the plaintiff, these documents are marked as Ex.17 to 21
respectively.
5 The document at Sr.No.10 is original letter
dt.09/02/2018 having its reference in the evidence of plaintiff.
Hence, is marked as Ex.22.
6 The document at Sr.No.11 is original office copy of
application dt.20th August 2018 having acknowledgment given by
the defendants. It is admissible evidence. Hence, marked as Ex.23.
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3 Order below Ex.11 in L.C.S. No.1493 of 2018
7 The document at Sr.No.13 is the original office copy of
letter dt.30/08/2018 having original acknowledgment. It is
admissible document. Hence, it is marked as Ex.24
8 The document at Sr.No.14 and 15 are the certified
copies of two survey plans and property card received by the
plaintiff under Right to Information Act. These are certified
copies. Their reference is given in the evidence affidavit of
plaintiff. Hence, they are marked as Ex.25 & 26 respectively
9 Matter be posted for cross examination of plaintiff on
next date.
Date: 27/07/2022.
(A.H.KASHIKAR)
ADHOC Judge, City Civil Court,
Gr.Mumbai.
Dictated on : 27/07/2022.
Typed on : 27/07/2022.
Signed on : 28/07/2022.
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4 Order below Ex.11 in L.C.S. No.1493 of 2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
29/07/2022. 1.30 p.m . (Santosh B. Sawant )
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
No.)
HHJ Smt. A.H. Kashikar
(C.R.No.05)
Date of Pronouncement of
JUDGMENT/ORDER
27/07/2022.
JUDGMENT/ORDER signed by
P.O.on
28/07/2022.
JUDGMENT/ORDER uploaded on 29/07/2022.
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