LAWS(BOM)-2001-12-98

MAIMOONA ZAINUDDIN SAWARATKAR Vs. OMER NIZAMUDDIN TATAVALKAR

Decided On December 06, 2001
Maimoona Zainuddin Sawaratkar Appellant
V/S
Omer Nizamuddin Tatavalkar Respondents

JUDGEMENT

(1.) RESPONDENTS have been served and they are absent. None present for them. This petition has been shown in the Board as listed for final hearing. It pertains to the year 1988. The respondents are treated ex -parte and this petition is finally heard and is being decided today.

(2.) MR . Solkar, counsel appearing for the petitioner, submitted that when the revision petition has been pending before the Member of M.R.T., the present petitioner moved an application on 2 -3 -1988 making the request to the learned Member of M.R.T. to take certified copies of the following documents on record : - -

(3.) THE learned Member in his order opined : - - 'From the record of the S.D.O., it appears that the entire record of the Lower Court was found to be burnt in the fire, (page 13, dated 31 -10 -1986, sent by the Tahsildar, Dapoli), the opponent No. 1 in this Revision Application could not produce the certified copy of the judgment, alleged to have been passed on 31 -8 -1985. Neither the present applicant made any attempt to produce all these documents, which, she wants to produce now, before the Ld. S.D.O. Now the applicant wants to produce certified copies of the documents at this stage to consider these documents for deciding the issue. This cannot be done. In the first place, from the observation of the ld. S.D.O. the entire record was not then available due to fire and now, how all these documents are available, only the applicant, knows.'