Order 5

Order Details: Order on Exhibit
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MHSCA30007712023
IN THE SMALL CAUSES COURT AT MUMBAI
( BANDRA BRANCH )
ORDER BELOW EXHIBIT NO. 43
IN
R. A. E. SUIT NO. 346 OF 2023
Mangal Prabha Co-operative Housing
Society Ltd. …Plaintiff
V/s
Yogesh Maganlal Oza …Defendant
Mr. Dhananjay A. Athavale, Advocate for Plaintiff.
Mr. R. S. Maurya, Advocate for Defendant.
Coram : Mr. N. R. Gajbhiye, Judge
Court Room No.33
Date : 02nd July, 2026
ORDER
1. The plaintiff has filed an application for grant of
permission to leave additional affidavit on evidence.
2. It is contended by the plaintiff that earlier undertaking
submitted by the plaintiff society and the Developer vide compilation
of documents in respect of new premises be handed over to the
defendant on the tenancy basis having the carpet area 100 sq. feet
which is the area of the existing room. Defendant in his written
statement claimed the area of 128 sq. feet. The plaintiff and the
Developer M/s. Aditya Infrastructure have agreed to provide the new
flat having carpet area 128 sq. ft. to avoid the unnecessary
controversy. The said fact needs to be brought on record. Therefore,
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the additional affidavit filed on record.
3. Per contra, the defendant opposed the application.
4. Perused the application and say filed. Heard the learned
advocate for both the sides.
5. The contention of plaintiff regarding that it was tentative
plan submitted by M/s. Aditya Infrastructure to the plaintiff society
supporting with letter dated 29.10.2025 alongwith plan. M/s. Aditya
Infrastructure ready to hand over to defendant 100 sq. ft. instead of
128 sq. ft. In such situation, it is the fit case to allow the plaintiff to
lead the additional evidence by filing his evidence on affidavit in
respect of that point supporting the list of documents relied by him.
No prejudice would cause to the defendant because he had an
opportunity to cross-examine. Therefore, it is the fit case to allow the
application. Hence, I proceed to pass the following order :
ORDER
1. The application is allowed.
2. The plaintiff is permitted to file the
additional evidence on affidavit.
( Dictated and pronounced in open Court. )
( N. R. Gajbhiye )
Date : 02.07.2026 Judge, C. R. No.33
/home/steno33/Desktop/Exh 43 in RAE 346-2023.odt
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