21-WP-7873-2017.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7873 OF 2017 WITH INTERIM APPLICATION (ST) NO. 5887 OF 2026 Shri Mohan Krishna Keer and Others … Petitioners Vs. Mangalam Developers and Another … Respondents WITH CIVIL APPLICATION NO. 264 OF 2019 IN WRIT PETITION NO. 7873 OF 2017 Swati Ranjan Keer and Others … Applicants In the matter between Shri Mohan Krishna Keer and Others … Petitioners Vs. Mangalam Developers and Another … Respondents Ms. Bhakti Jogal for the Petitioners/Applicants Mr. Y. E.Mooman for Respondent No. 1. CORAM : GAURI GODSE, J. DATE : 4th MARCH 2026 ORDER : 1. This petition is filed by the original plaintiffs to challenge the orders passed by the trial court refusing to admit certain documents in evidence sought to be tendered 1/4 rrpillai RAJESHWARI RAMESH PILLAI Digitally signed by RAJESHWARI RAMESH PILLAI Date: 2026.03.05 10:39:24 +0530 21-WP-7873-2017.docx by the plaintiffs through plaintiff no. 3. During the pendency of this petition plaintiff nos. 1 and 3 have expired. 2. Learned counsel for the petitioners submit that she has filed applications to bring on record names of heirs and legal representatives of the deceased petitioners. Copies of the application are tendered and the same are taken on record. Since the suit had remained stayed in view of the orders passed by this court, the plaintiffs were unable to file application for bringing on record heirs in the trial court. The documents sought to be produced in evidence were through evidence of plaintiff no. 3. The evidence of plaintiff no. 3 was not taken on record and hence no purpose would be served by considering the issue as to whether the documents sought to be produced through plaintiff no. 3 were correctly disallowed by the trial court. 3. If the plaintiffs seeks to produce secondary evidence, the plaintiffs are required to comply with the required procedure as contemplated under Section 65 of The Evidence Act. If any original is produced, the trial court shall consider and pass appropriate order in accordance with law, whether the document can be admitted in evidence. If the 2/4 21-WP-7873-2017.docx documents are to be disallowed, the trial court shall record reasons for disallowing the admission of the documents in evidence. 4. The petition is therefore disposed of by passing the following order : (a) Petitioner no. 2 and the heirs and legal representatives of deceased petitioner nos. 1 and 3 are permitted to file applications before the trial court to bring on record the names of legal heirs and representatives of plaintiff nos. 1 and 3. (b) The plaintiffs would be entitled to seek benefit of the period of pendency of this petition to seek condonation of delay in filing the application for bringing on record names of heirs and legal representatives of the deceased plaintiffs. (c) The plaintiffs are at liberty to file the evidence affidavit on behalf of the plaintiffs and if any document is to be produced in evidence, they shall accordingly take appropriate steps as permissible in law to produce documents while leading evidence. If any 3/4 21-WP-7873-2017.docx documents are sought to be produced on behalf of the plaintiffs the trial court shall consider the same at the time of recording evidence uninfluenced by the orders impugned in this petition. (d) The Writ Petition and Interim Applications (St) Nos. 5887 of 2026 and Civil Application No. 264 of 2019 are disposed of in the aforesaid terms. (e) All the rival contentions of the parties including the rival contentions on the documents to be produced on the evidence are kept open to be decided by the trial court. [GAURI GODSE, J.] 4/4