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2018 Supreme(Bom) 1995

SHALINI PHANSALKAR JOSHI
Bipin Jaysukhlal Mehta – Appellant
Versus
Jayantibhai Talakchand Shah – Respondent


Advocates Appeared:
For the Appellants : Ms. Sunanda Kumbhat, Mr. Ramchandani, Mr. R.R. Shah, Mr. Haresh Moti Advani.
For the Respondents: Mr. Shrihari Ane, Mr. R.B. Jain, Mr. Ameya Mahajan, Ms. Sneha Pokle.

JUDGMENT :

1. Rule. Rule is made returnable forthwith. Heard finally, at the stage of admission itself, by consent of Ms. Kumbhat, learned Counsel for the Petitioners and Mr. Shrihari Ane, learned Senior Counsel for Respondent No. 1.

2. As both these Writ Petitions are arising out of one and same proceeding and are raising the common questions of facts and law, they are being decided by this common judgment.

3. Both these Writ Petitions are preferred by Original Defendant Nos. 1 to 12. Writ Petition No. 3588 of 2018 is preferred challenging the order dated 10th January 2018 passed by the City Civil Court, Mumbai, in S.C. Suit No. 3741 of 1998 thereby admitting in evidence the document a religious scripture by name, and marking it as Exhibit-116 during cross- examination of Petitioner's witness, DW-1, Ajit Shah and requesting this Court to De- exhibit the same, by setting aside the impugned order to that effect, passed by the trial Court; whereas Writ Petition (St. ) No. 7520 of 2018 is filed by the Petitioners, calling for the record and proceeding of the trial Court in view of unending, rambling, uncontrolled and unabated cross-examination of DW-1 by the Respondent No. 1's Advocate,























































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