Bombay High Court
Smt. Sohini Mohan Shah vs Raymond Kersi Sirwala on 19 September, 2018
Author: R. G. Ketkar
Bench: R. G. Ketkar
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p2.WP.1970-12.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Writ Petition NO. 1970 OF 2012
Smt. Sohini Mohan Shah ...Petitioner
Versus
Raymond Kersi Sirwala ...Respondent
....
Ms. Pranjali Bhandari, Advocate for the Petitioner.
Mr. C.N. Chavan, Advocate for the Respondent.
....
CORAM : R. G. KETKAR, J.
DATE : 19th SEPTEMBER, 2018 P.C.
1. Not on board. At the request of Ms.Bhandari taken up in the production board.
2. Heard Ms. Pranjali Bhandari, learned counsel for the petitioner and Mr.C.N. Chavan, learned counsel for the respondent.
3. By order dated 24.8.2018, by consent of parties, Parelkar & Dallas, Architects on the Panel of this Court were appointed as Commissioner to carry out measurement of the suit premises.
4. Ms.Bhandari has tendered a photo-copy of the communication dated 3.9.2018 received from Parelkar & Dallas expressing their regret for not taking this assignment. Same is taken on record and marked 'A' for identification.
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p2.WP.1970-12.doc
5. The learned Counsel for the parties submit that Shashank Ahire & Associates, Architects having office at 89, Ground Floor, Building No.8-B, Adshwar Park, Haji Kasam Chawl, Opp. Deepak Cinema, N.M. Joshi, Marg, Lower Parel, Mumbai - 400 013 have consented for appointment as Commissioner for carrying out measurement of the suit premises. They have also stated that they will charge Rs.10,000/- for carrying out this assignment.
6. In view thereof, by consent of parties, Shashank Ahire & Associates, Architects is appointed as Commissioner for carrying out measurement of the suit premises.
7. The petitioner has relied on the following documents :
[1] Commissioner's report dated 6th June, 2008 along with photographs 1 to 36.
[2] Irrevocable consent dated 1st April, 2003 of Mr. Nariman Bharucha to Chief Officer, Mumbai Building Repairs and Reconstruction Board.
[3] Architect's Floor plan at page 10.
[4] Architect's report dated 20th April, 2016 along with map, pages 11 and 12.
[5] Rent receipt No.38 dated 30 th June, 2005 and rent receipt No.19 dated 14th May, 2018.
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p2.WP.1970-12.doc
8. The respondent has relied upon following documents:
[1] The statement of claim dated 30th September, 1975 submitted by the respondent/original tenant Nariman Bharucha to Special Land Officer and in particular paragraph 5 thereof.
[2] Rough map at page 18.
[3] Information submitted by Tenants Association at page 19 and 20 as also rent receipts dated 1st June, 1971 and 1st July, 1971, 1st February, 1981, 1st November, 1988 and 18th October, 1989.
9. Learned Counsel appearing for the parties assure that they will hand over compilation of documents relied on by them to the Architect so appointed and also share expenses in equal proportionate. The Architects shall go through the papers and proceedings relied on by the parties and submit report within two weeks from the date of appointment.
10. Stand over to 09.10.2018.
(R. G. KETKAR, J.)
Deshmane (PS)
Digitally signed
by Pradipkumar
Prakashrao
Pradipkumar Deshmane
Prakashrao Date:
Deshmane 2018.09.19
15:11:58
+0500
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