Order 8

Order Details: Order on Exhibit
Pdf Text: Order dtd. 21.07.2025 :: 1 :: Order on admissibility RAE 160-2022
Coram : P. P. Naigaonkar,
Judge, C.R. No. 38 (B.B.)
Date : 21st July, 2025
R.A.E. SUIT NO. 160 OF 2022
Order relating to admissibility of documents of P.W.No. 1 :
Mr. Reynold John Cabral has filed his affidavit of examination-
in-chief at Exhibit-34. Documents along-with list filed at Exhibit-35.
Defendant has filed say at Exhibit-36 and denied all the documents to
be exhibited. Documents are referred by this witness in his affidavit
of examination-in-chief.
1. Certified Copy of Sanad and Property Cards in respect of the
suit chawl/property including the suit premises. The document being
certified true copy hence, marked Exhibit-37
2. City Survey Plan in respect of the suit chawl/property including
the suit premises. The document being original hence, marked
Exhibit-38
3. Municipal Assessment/Property Tax Bill of suit chawl/premises
in the name of the L.M. Cabral & M. Cabral including suit premises.
Document being admissible in evidence hence, marked Exhibit-39
colly.
4. Payment receipts issued by the MCGM, K/West Ward towards
payment of Municipal Assessment/Property Tax Bill by the Plaintiff.
Documents are original hence, marked Exhibit-40 colly.
5. Sketch plan of the suit premises. Document is prepared by
P.W.No.1 and bears his signature and reference of which is made in
Para No. 4 of his affidavit of evidence hence, marked Exhibit-41
6. Agreement dated 02/10/1980 executed between Mr. Archie
Cabral & Brothers and defendant i.e. Trilok Singh Mehta in respect of
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the suit premises. The document being original and 30 years old
hence, marked Exhibit-42
7. Affidavit dated 16/05/1986 executed by the defendant in
respect of the suit premises. The document being original and 30
years old hence, marked Exhibit-43
8. Counter-foils of rent receipts of the suit premises issued in the
name of defendant. Documents being originals hence, marked
Exhibit-44 colly.
9. Counter-foil of last rent receipt of the suit premises issued in
the name of defendant. Document being original hence, marked
Exhibit-45
10. Advocate Notice dated 01/09/2016 and the hand written reply
of the defendant dated 05/09/2016 respectively. Documents being
original hence, marked Exhibit-46(1) and 46(2)
11. Original acknowledgment and copy of letter dated 27/12/2021
addressing it to the B.M.C. to inform them about the illegal and
unauthorized construction stop work notice issued u/s. 354 (A) of
the BMC Act. Document bears stamp of acknowledgment of B.M.C.
ence, marked Exhibit-47
12. Certified copies of entire Proceedings of L.C. Suit No. 05 of
2022 and obtained from City Civil Court, Mumbai, Dindoshi Branch.
Document being certified copy hence, marked Exhibit-48
13. Photographs of suit premises (8) showing demolition of
unauthorized construction work and also showing unauthorized
reconstruction work in and above the suit premises and Certificate
under Section 65-B of the Indian Evidence Act. The photographs are
produced along-with Certificate under Section 65-B of Indian
Evidence Act which bears signature of P.W.No.1 and reference of
photographs is made in Para No.13 of evidence affidavit of P..W. No.1
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wherein he has stated that, he has taken the photographs from his
mobile phone hence, marked as Exhibit- 49 colly.
[It is made clear that, mere exhibition of the documents does
not mean that same are proved, unless the contents of the same are
proved in accordance with the provisions of law. Secondly, exhibition
of a document does not dispenses the regular mode of proving that
document. ]
sd/-
(P. P. Naigaonkar)
Judge, C.R. No. 38 (B.B.)
Date : 21.07.2025
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