MUKESH RAISHI CHHEDA Vs. DHIRAJLAL RAISHI CHHEDA

JUDGEMENT

(1.) Heard Mr. Ghoghari, learned Counsel for the petitioner in both the Petitions and Mr. Jaywant, learned Counsel for the respondent in Writ Petition No.2858 of 2019 and Mr. Thacker, learned Senior Counsel for the respondent in Writ Petition No.2863 of 2019, at length.

(2.) Writ Petition No.2858 of 2019 under Article 227 of the Constitution of India is filed by the petitioner, Mukesh Raishi Chheda (for short 'Mukesh'). He has challenged the order dated 11th February, 2019 passed by the learned trial Judge below Exhibit 443 in L.E. Suit No.141/173 of 2008. By that order, the learned trial Judge partly allowed the application made by Mukesh and ordered issuance of witness summons to the Directorate of Forensic Science Laboratory, Kalina, Mumbai, thereby, directing the concerned to depute a designated officer to appear before the Court along with relevant documents to lead evidence in respect of investigation report dated 27 th September, 2018 at the costs of defendants on P.F and depositing witness bhatta as per procedure. In so far as the purported family settlement dated 25 th June, 1993 is concerned, the learned trial Judge declined to issue direction as prayed for by Mukesh on the ground that the said report is before this Court in a suit pending on the Original side of this Court and the said report is under consideration before this Court. In such circumstances, the Small Causes Court cannot give direction to the witness in respect of the said report because report is pending before this Court. As the learned trial Judge declined to issue any direction in respect of the report dated 6 th February, 2009, Mukhesh has instituted the present Petition.

(3.) By Writ Petition No.2863 of 2019 under Article 227 of the Constitution of India, the petitioner, Mukesh has challenged the order dated 11th February, 2019 passed by the learned trial Judge below Exhibit 320 in R.A.D and E Suit No.720/1334 of 2004. By that order, the learned trial Judge partly allowed application Exhibit 320 made by Mukesh and issued identical directions contained in order below Exhibit 443 in L.E. Suit No.141/173 of 2008.