Interim Order 7

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
( BANDRA BRANCH)
ORDER BELOW EXHIBIT - 32
IN
R.A.E.R. SUIT No. 580 OF 2022
[CNR NO. MHSCA30014142022]
Shri. Kanhaiyalal Jitanprasad Tiwari and anr. …Plaintiffs.
Versus
Shri. Dinkar D. Mishra and ors. …Defendant.
Appearance:-
Mr. D. R. Pandey Ld. Advocate for the plaintiffs.
Mrs. Saroj K. Shinde Ld. Advocate for the defendants.
Coram: L.B.M.M.A. Syed,
Judge, C. R. No. 35,
Date: 08st April, 2026.
ORAL ORDER :-
This is an application filed by the defendant under the
provision of Order XI, Rule 18 of the Code of Civil Procedure, for
inspection of documents.
2. The applicants submit that, the plaintiff has filed the suit
for eviction and for recovery of arrears of rent amount and for other
ancillary reliefs. The plaintiff along with the suit had given list of
documents which they want to rely i.e. conveyance deed dated
29.08.1985, city survey record, city survey plan, BMC assessment
record, counterfoils of rent receipts, declaration dated 28.08.1985,
electricity bills, complaint made to Adani Electricity dated
06.09.2021. The plaintiffs have not filed any copy of documents and
failed to prove that he is the landlord of the suit premises. The
plaintiffs had not filed affidavit by way of examination in chief till
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date. Therefore, the plaintiff has required to give inspection of the
above documents under XI, Rule 18 of the Code of Civil Procedure.
Hence, he prayed to allow the application by giving inspection of the
documents.
3. The plaintiff have filed say at Exh.34 and submits that,
the application taken out by the defendant No.1 is false, frivolous
and liable to be rejected. No sufficient cause has been shown in the
application. The present application is taken out only to delay the
proceeding. He further submits that, this court was pleased to allow
the application of the plaintiff under Section 28 of the Maharashtra
Rent Control Act, by giving direction to give the name of
commissioner but till date the name is not given. He denied all the
allegations made in the application and prayed to reject the
application.
4. Heard both the Ld. Advocates for respective parties.
Perused the application and say. The applicants want to inspect the
documents filed by the plaintiff and therefore, he has also issue the
notice to the plaintiff on 06.02.2025 calling upon the plaintiff for
inspection of the documents. It appears that, the said notice was not
replied as there is no whisper in the say of plaintiff to the present
application. The conveyance deed 29.08.1985 is mentioned in the
pleadings but the said copy is not filed by the plaintiff with the
plaint, moreover the complaint with Adani Electricity Ltd, dated
06.09.2021 and declaration deed appears to be not filed. The
plaintiff has filed the documents along with list Exh.3 only.
Therefore, the plaintiff has complied Rule 18 of Order 11 by giving
notice to the plaintiff. Therefore, the defendant is having right to
inspect the documents relied upon by the plaintiff. Therefore the
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application deserves to be allowed. Hence, I pass the following order.
:: O R D E R ::
1. Application is allowed.
2. The plaintiff is directed to allow inspection on the
documents sought by the applicant in the present
application.
(order dictated and pronounced in open court)
(L.B.M.M.A Syed)
Date : 08/04/2026. Judge, C.R. No. 35 (B.B.)
Order dictated on : 08/04/2026
Order checked & signed on : 08/04/2026.
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