Interim Order 1

Order Details: Order on Exhibit
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Coram : R. R. Kale,
Judge, C.R.No.35(B.B.)
Date : 23rd November, 2023.
R. A. D. SUIT NO. 407 OF 2022 (MHSCA30010172022)
ORDER ON LIST VIDE EXH. 16 WITH REGARD TO ADMISSIBILITY
OF DOCUMENTS.
Perused the documents annexed to the list vide Exh.16. I
have gone through the say of the defendant. Heard both sides at
length.
2. I have gone through the evidence of P.W-1 Mr. Ramesh
Babaji Hule at Exh.15.
3. The document at serial no. 1 is counterfoil of rent receipt
dated 10.10.2019. The P.W.1 Mr. Ramesh has stated about said
document in para No. 2 of his evidence. According to the objection of
the defendant, the plaintiff is not the author of said document and
therefore, it cannot be exhibited. The defendant in written statement
at Exh.10 has admitted that, Babaji Heru Hule was the monthly
contractual tenant of the defendant in respect of suit premises. The
said rent receipt appears to be in the name of Babaji Hule.
Considering the evidence of P.W.1 Mr. Ramesh and as the said
document is coming from proper custody, the said document be
exhibited.
4. The document at serial No. 2 is original death certificate
of Babaji Hule. I have considered all the submissions made by both
parties. The document at serial No. 2 being public document and
hence, it be exhibited.
/home/steno35/R.R. Kale, Judge- C.R.35/Nov-23/Admissibility/407- 2022- RAD- Admsb-).odt SSC
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5. The document at serial No. 3 is original Ration Card. The
P.W.1 Mr. Ramesh has stated about the said document in para No. 4 of
his evidence. According to the objection of the defendant, the
plaintiff is not the author of said document and therefore, it cannot
be exhibited. However, as the document is original one and it is
coming from proper custody being issued by Competent Authority
hence, the said document be exhibited.
6. The document at serial No. 4 is the electricity bill standing
in the name of Babaji Hule. The P.W.1 Mr. Ramesh has stated about
the said document in para No. 5 of his evidence. According to the
objection of the defendant, the plaintiff is not the author of said
document and therefore, it cannot be exhibited. However, as the
defendant does not deny the original tenancy is with Babaji Hule and
as the electricity bill in respect of suit premises is standing in the
name of Babaji Hule, hence, the said document be exhibited.
7. The document at serial No. 5 is original Aadhar Card of
P.W. 1 Ramesh Babaji Hule. I have considered all the submissions
made by both parties. The document at serial No. 5 being public
document and hence, it be exhibited.
8. The document at serial No. 6 is original Election Identity
Card of P.W.1 Ramesh Babaji Hule. I have considered all the
submissions made by both parties. The document at serial No. 6
being public document and hence, it be exhibited.
9. The document at serial No. 7 is the office copy of notice
dated 04.06.2022 along with postal receipt. The P.W.1 Mr. Ramesh
has stated about the said document in para No. 8 of his evidence.
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According to the objection of the defendant, the plaintiff is not the
author of said document and therefore, it cannot be exhibited.
However, there is sufficient evidence of P.W.1 Mr. Ramesh in order to
exhibit the document at serial No. 7 and therefore, it be exhibited
collectively.
(Matter be put up for cross examination of P.W-1)
Sd/-
( R. R. Kale )
Date :23.11.2023 Judge, C. R.No.35,(B.B.).
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