Shri. Balasaheb Mahadu Mhaisdhune And ORS v. Shri. Khandu Rangnath Katad/Patil And ANR

55-wp1557-2019.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1557 OF 2019 Balasaheb Mahadu Mhaisdhune & Ors.

... Petitioners V/s.

Khandu Rangnath Katad/Patil & Anr.

... Respondents Mr. Nikhil Pujari for the petitioners.

Digitally signed by ATUL GANESH KULKARNI Date:

2023.09.04 17:43:10 +0530 ATUL GANESH KULKARNI Mr. Vikrant A. Desai i/by Mr. S.M. Kamble for respondent Nos.1 and 2.

CORAM :AMIT BORKAR, J.

DATED :SEPTEMBER 4, 2023 P.C.:

1.

By the impugned order, the Trial Court has rejected request of the defendant to exhibit the map and certificate issued by the defendant.

2.

In view of the Full Bench decision of this Court in Hemendra Rasiklal Ghia v. Subodh Mody reported in 2008

(5) CTC 577, the Trial Court can postpone adjudication on the decision of exhibiting the document if it falls into second category. In my opinion, the document as sought by the petitioner falls in second category. Therefore, the Trial Court shall decide before delivery of judgment as to documents in question shall be exhibited or not.

3.

With this clarification, the writ petition stands disposed of. No costs.

(AMIT BORKAR, J.)