BIPIN JAYSUKHLAL MEHTA Vs. JAYANTIBHAI TALAKCHAND SHAH

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally, at the stage of admission itself, by consent of Ms.Kumbhat, learned Counsel for the Petitioners and Mr.Shrihari Ane, learned Senior Counsel for Respondent No.1.

(2.) As both these Writ Petitions are arising out of one and same proceeding and are raising the common questions of facts and law, they are being decided by this common judgment.

(3.) Both these Writ Petitions are preferred by Original Defendant Nos.1 to 12. Writ Petition No.3588 of 2018 is preferred challenging the order dated 10th January 2018 passed by the City Civil Court, Mumbai, in S.C. Suit No. 3741 of 1998 thereby admitting in evidence the document a religious scripture by name, [1] and marking it as Exhibit-116 during cross-examination of Petitioner's witness, D.W.-1, Ajit Shah and requesting this Court to De-exhibit the same, by setting aside the impugned order to that effect, passed by the trial Court; whereas Writ Petition (St.) No.7520 of 2018 is filed by the Petitioners, calling for the record and proceeding of the trial Court in view of unending, rambling, uncontrolled and unabated cross-examination of D.W.-1 by the Respondent No.1's Advocate, for last four months continuously since 10th November 2017 till 6th March 2018, and for directing that the said cross-examination to be forthwith concluded and thereafter keeping the suit for hearing before the trial Court once in a week.