SURYA M SHIRODKAR Vs. AMARDEEP GOKULDAS GAYAK

JUDGEMENT

(1.) Heard Shri M. B. D'Costa, learned Senior Counsel for the petitioners, Shri Valmiki Menezes, learned Counsel for the respondent nos.1 and 2 and Shri Vaze, learned Counsel for the respondent no.3.

(2.) Rule. Rule made returnable forthwith. Heard finally by consent.

(3.) After having heard the learned Senior Counsel and learned Advocate for the respective parties, I find that there are two documents, which are central to the determination of the controversy involved in the suit, from which this petition arises. These two documents are Deed of Succession dated 27/06/2007 and Birth Certificate dated 08/06/1993 of Shailya. Both these documents have been challenged substantially by the respondents herein in Regular Civil Suit No.33/2010/A. This suit is still pending. The result of this suit, having considered the challenge raised therein, would have a profound bearing on the controversy involved in this case and, therefore, I am of the view that the learned Senior Civil Judge, Ponda ought not to have expressed any opinion at this stage as regards the contentions of the parties and as such, ought not to have passed the order of abatement of suit, which is the order impugned herein.