1 caf5268-11.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5268 OF 2011 IN FIRST APPEAL NO. 1490 OF 2010 . M/s. Intercon Real Estate Developers Pvt. Ltd. .. Appellant/Applicant v/s. M/s. Orion Advertisers & Others ..Respondents Mr.Sanjay Jain a/w. Mr.I.J.Nankani , Manish Gitay i/b. M/s. Nankani & Associates for the Appellant/ Applicant/ Original Respondent No.1 Mr.Mann parekh, Hetal Patel and Shakti Parwancy for the Respondent no.1 Ms.Nisha Parmar for the Respondent Nos.2 and 3 CORAM : A.V.NIRGUDE, J. DATED : 20th December, 2011 P.C. : 1. One of the parties to this appeal (original plaintiff) moves this application under Order 13 Rule 9 of CPC for return of the admitted documents pending disposal of the appeal. The documents are essentially title deeds in respect of two properties. Document no.1 is Certificate of Sale in respect of the second floor of the building on which certain hoardings were displayed and which are the subject matter of the case. The learned Judge of the lower court held on facts that the applicant, original plaintiffs title to the second floor is quite dubious and is tainted with fraud etc. The second set of document 2 caf5268-11.sxw relates to the applicant plaintiff’s title to the first floor of the building. The learned Judge of the trial court, held that the applicant-plaintiffs have clear title to the said part of the building. The learned Counsel appearing for the respondents/ original defendant no.1 asserted that in view of the observations and findings recorded by the learned Judge of the Lower Court, the application should be rejected or atleast the applicant, original plaintiff should be put to certain terms. Having regard to the observations and findings recorded by the learned Judge of the trial Court, I am of the view that both the sets of documents can be returned to the applicant-original plaintiff subject to compliance of the provisions of Order 13 Rule 9 of CPC. In addition to the undertaking contemplated in clause (b) of proviso to sub rule 1 as regards to the document no.1, the applicant/ original plaintiff should be put to additional terms. He shall annex certified copy of the judgment of the Lower Court with this document when he would produce this document for creating any further third party right in respect of the second floor. 2. Subject to this condition, the application stands allowed as prayed for. [A.V.NIRGUDE J.]