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Court Order

Interim Order 4

CNR MHSCA3000599202322 Jul 2025
Bandra, Small Causes Court
Mumbai · Maharashtra (MH)
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Interim Order 4 · 22 Jul 2025 · CNR MHSCA30005992023

Order Details: Order on Exhibit
Pdf Text: 1
Coram : D. P. Kasat,
Judge, C.R.No.32 (B.B.),
Date : 22.07.2025
R.A.E. SUIT NO.295 OF 2023
ORDER AS TO ADMISSIBILITY OF DOCUMENTS BELOW LIST
EXHIBIT 18 AND 22
Perused the documents and say at Exh.20 and 23. Heard
both sides.
Document at Sr. No.A is a photocopy of tenancy agreement
dated 01.06.1977. Though it is photocopy, admitted by defendants,
hence, marked as Exhibit 25.
Document at Sr. No.B is photograph of nameplate of
defendants flat. There is no requisite certificate under Section 65B of
the Indian Evidence Act. Hence, cannot be admissible in the evidence
and marked as Article X.
Document at Sr. No.C alongwith list Exh.18 and document
at Sr. No.1 alongwith list Exh.22 are the office copy of notice dated
31.07.2023 and its postal acknowledgment. Being office copy, come
from proper custody and proved in evidence, marked as Exhibit 26
colly.
Document at Sr. Nos.D and E are duplicate bills sent by
TATA Power alongwith certificate under Section 65B of the Indian
Evidence Act. Being a computer printout annexed with requisite
certificate and proved in evidence, marked as Exhibit 27 colly.
Documents at Sr. No.F/1 to F/8 are photocopies of
electricity bills of suit premises. Being photocopies cannot be admissible
/home/steno32/Admis of doc/RAE-295-2023-Exh.18-22.odt
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in evidence, marked as Article X/1 colly.
Document at Sr. Nos.G and H are excel spreadsheet and
graph. Though the plaintiff is author of the same but it does not bear his
signature. Hence, cannot be admissible in evidence and marked as
Article X/2 colly.
Document at Sr. No.I is photocopy of bailiff report. Though
it is contended to be certified copy, it is mere a photocopy. Photocopy
cannot be admissible in evidence, marked as Article X/3.
Document at Sr. No.2 alongwith list Exh.22 is certified copy
of bailiff report. Being certified copy and come from proper custody,
marked as Exhibit 28 colly.
(D. P. Kasat)
Judge, C.R.No.32 (B.B.)
22.07.2025
/home/steno32/Admis of doc/RAE-295-2023-Exh.18-22.odt
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