Interim Order 3

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO. 13
IN
R. A. E. & R. SUIT NO. 149 OF 2022
CNR NO. MHSCA30000912022
Mr. Uday Vasant Pendharkar ...Plaintiff
V/S
1. Mrs. Vijaya Prakash Surpur & Anr. ...Defendants
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Mrs. Heena D. Abhyankar, Advocate for Plaintiff.
Mr. Subhash S. Abhyankar, Advocate for Defendants.
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Coram : R. R. Khan
Judge
Court Room No.33
Date : 06th October 2022
ORDER
. This is an application filed by defendant No.2 for appointment of
any official of the court for inspection of suit premises to ascertain the
heavy leakage from the roof as per photographs annexed and for further
directions to plaintiff for carrying out the repairs.
2. The plaintiff has strongly opposed this application by filing reply
at Exh.16 classifying this application to be false and baseless. The
plaintiff has contended that the photographs filed by defendant No.2
are bogus and beyond reality. The plaintiff has requested for rejection of
this application.
/home/steno33/Desktop/Exh 13 in RAE R 1492022.odt
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3. Heard both sides. Perused case record.
4. Significantly, the plaintiff has objected for appointment of court
official for the purpose of inspection and report of leakage on the roof
of the suit premises. According to me, if inspection is carried out, no
harm will be caused to anybody and correct position will come before
the court for passing further orders. Noticeably, the inspect of roof and
leakage is the work of expert person and not the court staff who may
inspect and make appropriate report. None of court staff is having
expertise in such tasks. Hence, I am satisfied to pass following order.
ORDER
1 Application at Exh.13 is allowed.
2 Defendant No.2 is directed to suggest any expert
person i.e. Civil Engineer for inspection of roof
and leakage of the suit premises as claimed.
3 Defendant No.2 has to incur the expenses of said
expert person.
4 The said expert person shall inspect the suit
premises and its roof and make report about any
leakage therein.
( Dictated and pronounced in open Court. )
( R. R. Khan )
Date : 06.10.2022 Judge, C. R. No.33
Order dictated online : 06.10.2022
Order checked & signed on : 06.10.2022
/home/steno33/Desktop/Exh 13 in RAE R 1492022.odt
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