1 wp8472-101 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.8472/2010 Sou.Kamalabai Ghisulal Jaju Age 83 years, Occ-Nil, through General Power of Attorney Shri Santoshkumar Ghisulal Jaju Age 50 years, Occ-Business R/o Shevgaon, Tq. Shevgaon Dist.Ahmednagar. .. PETITIONER [ORIG.DECREE-HOLDER] VERSUS 1] Bansidhar Eknath Lahoti Age 80- years, Occ-Business R/o Shevgaon, Tq.Shevgaon Dist.Ahmednagar (Mahager of Joint Family) 2] Jagannath Eknath Lahoti Age 72 years, Occ-Business, R/o Nath Bungalow Kalmadi Lane, Prabhat Road, Pune-04. .. RESPONDENTS [ORIG.DEFENDANTS/ JUDGMENT DEBTORS] ...... Shri P.R.Katneshwarkar,Adv.for Petitioner. Shri M.B.Nandode,Adv.for Respondents. .... CORAM : A.A.SAYED,J. DATE : 06/12/2010. 2 wp8472-102 ORAL ORDER : 1] The order dated 19/8/2010 passed by the Civil Judge, Junior Division, Shevgaon is the subject matter of challenge in this Petition. By that order, the application being Exh. 137 of the petitioner/ orig. applicant in a proceeding for inquiry for mesne profits under Order XX Rule 12 of C.P.C. came to be rejected. 2] The prayers of the petitioner in her application were as follows : [A] Applicant s application may kindly be allowed. [B] The said original lease agreement may be given the exhibit number which is given to the certified copy of the previous registered lease agreement and said original lease agreement be read as an evidence. [C] It is requested that the Court by itself perusing the original copy of the said lease agreement, may pass order to get verified the same from the Nazir of the Court. It may be ordered to return the original copy of the said agreement to the applicant. [D] Grant any other equitable reliefs to the applicant in view of Law and facts. 3] The application of the petitioner was thus for verifying the certified copy of document being a lease deed which was marked for identification from the original lease deed which was being sought to be produced vide the 3 wp8472-103 application Exh.137. The learned counsel for the respondent submitted that such a procedure is not contemplated under the Indian Evidence Act. I am informed that the evidence is already closed. However, since the certified copy of the document is already on record and marked for identification and since this document is the petitioner s own document and is in respect of the premises belonging to her, in the interest of justice, I deem it appropriate to grant an opportunity to the petitioner to prove the said document by allowing her to examine only one witness or recall any one witness and prove the document in accordance with law. 4] In that view of the matter, the petitioner is allowed to examine any one more witness or recall any one witness for the aforesaid purpose. The petitioner shall make a formal application before the trial Court for examining/recalling one witness so as to prove her document and the learned trial Judge shall pass necessary order on the said application in the light of the observations made hereinabove. Appropriate costs are necessitated to compensate the respondent which is quantified at Rs.7500/-. Ordered accordingly. The said costs shall be paid to the respondent within 4 weeks from today. 5] With the aforesaid directions, the Petition is disposed of. (A.A.SAYED,J.) umg/wp8472-10