SOUTH CITY GROUP HOUSING APARTMENT OWNERS ASSOCIATION (R) REPRESENTED BY ITS SECRETARY SRI. A.V. VENKATESH Vs. SRI. DINESH D. RANKA S/O. SRI. DEVARAJ RANKA AND OTHERS

JUDGEMENT

(1.) IN this writ petition, petitioner is challenging the order passed allowing I.A. No. 7 filed under Section 151 of Code of Civil Procedure thereby granting permission to the 2nd defendant to play the DVD produced in the case.

(2.) THE petitioner is the 11th plaintiff in the Trial Court The plaintiffs have sought for permanent injunction to restrain the defendants from interfering with the plaintiffs' peaceful possession and enjoyment of the suit road and further restraining the defendants from putting up compound wall on either side of the suit road.

(3.) LEARNED Counsel for the plaintiff petitioner herein submits that the petitioner is not in a position to rebut the evidence that is sought to be placed on record through DVD. He further contends by placing reliance on the judgment of the Apex Court in the case of Tukaram S. Dighole v. Manikhao Shivaji Kokate 2010 AIR SCW 1369 that due to the fast development in the electronic techniques, the tapes/cassettes are more susceptible to tampering and alterations by transposition, excision etc., which may be difficult to detect and therefore such evidence has to be received with caution, Be therefore contends that the observations made by the Apex Court in Paragraph 20 is referred to impress upon the Court that permission granted by the trial Court at the stage of consideration of I.A. No. 1 filed by the plaintiffs under Order 39 Rules 1 and 2, is not legal and valid.