1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1770 OF 2009 Jayalaxmi Kantilal. ..Petitioner. V/s. Kamleshsingh H. Chowhan & Anr. ..Respondents. Mr.Karl Tamboli i/b. D.H.Shah for Petitioner. Mr.Vivek Kantawala i/b.M/s.Vivek Kantawala for Respondents. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 26, 2009. DATE : FEBRUARY 26, 2009. DATE : FEBRUARY 26, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. The order impugned in this Petition records as of fact that documents sought to be relied by the Petitioner/Defendant are not relevant to the point in issue. The view so taken is a possible view. The issues that are required to be addressed by the Trial Court is on the factum of whether Plaintiff is not a co-owner and landlord of the suit building. Relevant matters with regard to that issue are already placed on record by the respective parties. Even assuming that there is some substance in the argument of the Petitioner that the documents are in fact, relevant 2 to answer the point in issue, such mistake or error committed by the lower Court can always be corrected in the appeal or revision, to be filed by the Petitioner, as observed by the Apex Court in the case of Surya Dev Rai v/s. Ram Chander Rai & Ors.[(2003) Surya Dev Rai v/s. Ram Chander Rai & Ors.[(2003) Surya Dev Rai v/s. Ram Chander Rai & Ors.[(2003) 6 SCC 675], 6 SCC 675], 6 SCC 675], in particular, paragraph-39. 3. I am not inclided to exercise writ jurisdiction in the fact situation of the present case. Hence, dismissed. All questions raised by the Petitioner can be addressed in the appeal, to be filed by the Petitioner against the final decision of the Trial Court, if so advised. Those aspect can be considered on its own merit in accordance with the law. 4. Needless to observe that the Trial Court will have to decide the same on the basis of evidence which has come on record, uninfluenced by any observations made in the present order, which is only for the limited purpose of considering whether the additional documents sought to be relied by the Petitioner should be allowed to be taken on record. 5. At this stage, Counsel for the Petitioner submits that since the Petitoner was not given 3 opportunity to confront the Plaintiff’s witness, the Petitioner/Defendant may be permitted to produce the same during his evidence. That request can be made before the Trial Court at appropriate stage, which may be considered on its own merit in accordance with the law. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)