ca1592-08.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1592 OF 2008 IN WRIT PETITION NO. 3708 OF 2006 Gajanan Hari Hegshetye & Ors. ... Applicants. V/s. Anna Bapu Bhingarde & Ors. ... Respondents. --- Mr. R.V. Govilkar for the Applicants. Mr. N.M.Gawankar i/by Mr. Arfan Sait for Respondent Nos. 1 to 4. --- CORAM:- GIRISH GODBOLE, J. DATED :- 19th SEPTEMBER, 2011. P.C. : 1 Heard Mr. Govilkar for the Applicants and Mr. Gawankar for the Respondents. 2 Mr. Gawankar propose to file Affidavit-In-Reply. Perused the Application. By earlier order dated 22.07.2011, the original order dated 01.10.2009 passed in this Civil Application has been modified only in respect of prayers (a) to (c). The said prayers read thus : a) by an appropriate order, the Petitioners be permitted to produce the said duplicate certificate dated 03.07.2007 issued by the Board of Vocational Examination, State of Maharashtra, certifying that the Petitioner NO.2 ca1592-08.sxw 2 had completed the certificate course in Craft Teachers Course in Needle Work in Embriodery by way of evidence or additional evidence or the said document may be taken on record and be considered for the purpose of determination of the issue in dispute; b) the Respondents be directed to remove the tin sheets which has resulted into increasing the height of the suit premises; c) The Respondent be also directed to remove the tin sheets fixed by them in such a manner that the water following from the same directly enters the house of the Petitioners, which is at the back side of the suit premises. d) the hearing of the petition be expedited at the earliest convenience of this Hon’ble Court; e) That the costs of this petition be provided for; and f) For such further and other reliefs as the nature and circumstances of the case may require;” 3 The certificate which is sought to be produced is issued by a Statutory Authority and hence, prima facie, the same is a public document. Hence, despite opposition of the Respondent and considering the fact that the controversy involved in the suit is regarding the qualification of the Petitioners, production of the said document is necessary for deciding the real controversy involved in the Suit and in the present Writ Petition. Hence, prayer clause (a) deserves to be granted. Leave to amend the memo of the Writ Petition for incorporating an averment in relation to the said certificate and annexation of the certificate is granted. Amendment to be carried out within four weeks from today. ca1592-08.sxw 3 4 In so far as prayer clause (b) & (c) are concerned, it is required to be noted that though the Counter Claim of the Petitioners was decreed by the Trial Court and the Decree for possession was passed that Decree has been set aside in Appeal and the Counter Claim is dismissed. Thus as on today the relationship of Landlord and Tenant continues. The averments in respect of prayer clauses (b) and (c) are disputed. Hence, there are disputed questions of fact which cannot be gone into this Application. Hence, appropriate remedy for the Petitioner in respect of prayer clauses (b) and (c) is to file appropriate proceedings before the Court of competent jurisdiction. 5 Subject to the aforesaid liberty reserved to the Petitioners and keeping all contentions of the Petitioners and Respondents open in that regard, no relief in terms of prayer clauses (b) and (c) is being granted. Ordered accordingly. [GIRISH GODBOLE, J.]