Smt. Krishnabai Shrirang Sonawane And ANR. v. Shri. Parmeshwar Bhausaheb Sonawane And ORS.

Vina k.

Sr.17.wp.1783.2014.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO.1783 OF 2014 Smt. Krishnabai Shrirang Sonawane & Anr.

..... Petitioners

Versus

Shri. Parmeshwar Bhausaheb Sonawane & Ors. .....Respondents ....

Ms. Priyanka Joshi i/b. Mr. Rahul Kate for the petitioners. None for the respondents.

...

CORAM : N. M. Jamdar J.

Tuesday 23 AUGUST, 2016 P. C.

.

The petitioners challenge two orders by way of this petition. Firstly the order below Exh.101 wherein the petitioners had directed to produce the original exchange deed on record. The learned counsel for the petitioners submitted that the original copies are not with the petitioners. The petitioners can always argue this position at the time of hearing of the suit and pray that no adverse interference be drawn on non production. Such contention will be considered on its own merits. 2.

The second order challenged by the petitioners is below Exh.105, wherein the Learned Civil Judge, Junior Division had to pass an order to avoid conflict of interest on the part of the

Vina k.

Sr.17.wp.1783.2014.odt Advocate. The fact that an order had to be passed by Court to avoid conflict of interest on part of the Advocate by Court is itself unfortunate and the Advocate concerned ought to have taken remedial steps at the first instance in a dignified manner, befitting the high standards of the profession.

3.

In this circumstances, no case is made out for exercise of power of superintendence provided under Article 227 of the Constitution of India.

4.

The Writ Petition is rejected.

(N. M. Jamdar, J.)