1 CA 3104/10 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3104 OF 2010 IN WRIT PETITION NO. 4689 OF 2001 Ashok Dewan .. Applicant V/s Mrs. Sukumari S. Jha & Anr. .. Respondents Mr. Kishor e S. Patil for the applicant. Mr. G.R. Nadkarni for respondent no.1. CORAM : D.G. KARNIK, J. DATE : 6TH JANUARY 2011 P.C. : 1. Heard the learned counsel for the parties. 2. By this application, the applicant (original writ petitioner) prays that the Writ Petition No. 4689 of 2001 be disposed of in view of the documents of settlement, copies of which stated to be annexed at page nos. 9 to 20 of the civil application. 3. Counsel for the respondent no.1 states that the documents at pages 9 to 20 are forged, fabricated and have not been executed by the respondent no.1 at all. In view of the specific 2 CA 3104/10 denial of execution of the documents, the applicant will be required to prove those documents in accordance with law. 4. In view of the above, the civil application is required to be remitted to the originating authority before which the proceedings were initiated and call for its finding on the documents in question. Accordingly, the civil application be sent to the competent authority under the Rent Act, Konkan Division, Mumbai. The competent authority is directed to determine whether the documents, the copies of which are at pages 9 to 20 of the application, are genuine and are executed by the persons by whom they purport to have been executed. Needless to say that both the applicant and the respondent no.1 are at liberty to adduce evidence before the competent authority on the documents. The competent authority shall send its finding to this Court within 6 months. 5. The parties shall appear before the competent authority on 21st February 2011. The applicant shall produce before the competent authority the originals of the documents. If the applicant fails to produce the original documents on 21st February 2011, the reference shall stand recalled and the civil application shall stand dismissed without further reference to 3 CA 3104/10 the Court. 6. Office is directed to intimate this order to the competent authority by fax as well as by speed post A.D. 7. At the request of the learned counsel for the applicant, this order is stayed for a period of 2 weeks. (D.G. KARNIK, J.)