Shri. Girish Ghanashyamdas Lohana v. Shri. Giridharilal Irasdas Lalwani
WP3431_16.sxw
IN THE HIGH COURT OF JUDICATURE AT MUMBAI
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3431 OF 2016 Girish Ghanashyamdas Lohana ...
Petitioner Vs.
Giridharilal Irasdas Lalwani ...
Respondent Mr. Sachin Dhakephalkar for Petitioner.
CORAM : R. G. KETKAR, J.
DATE :
MARCH 21, 2016 P.C. :
Heard Mr. Dhakephalkar, learned Counsel for petitioner at length. 2.
By this Petition under Article 227 of the Constitution of India, petitioner has challenged the judgment and order dated 31.12.2015 passed by the learned Civil Judge, Junior Division, Sangli below exhibit-38 in Regular Civil Suit No.538 of 2012. By that order, the learned trial Judge rejected the application made by the petitioner, hereinafter referred to as defendant, for de-exhibiting the documents. Respondent, hereinafter referred to as plaintiff, has instituted Suit claiming possession of Rs.2 lacs on the ground that by publishing letter dated 10.10.2011, defendant has defamed the plaintiff. Plaintiff examined himself at exhibit-20 and P.W.2 Sudhir Sihasane at exhibit-31 and P.W.3 Srinivas @ Raja Prabhune at exhibit-33. The Court marked photocopy filed at exhibit 4/1 as exhibit during the evidence of P.W.2 and the photocopy filed at exhibit 35/1 as exhibit during the evidence of P.W.3.
3.
Mr. Dhakephalkar submitted that defendant instead of challenging that order, filed application exhibit-38 for de-exhibiting these documents. On instructions, he states that petitioner may be permitted 1/2
WP3431_16.sxw to withdraw this Petition with liberty to challenge the order marking these documents as exhibits.
4.
In view thereof, on the motion made by Mr. Dhakephalkar, Petition is allowed to be withdrawn with liberty as prayed for. All contentions of the respondent are expressly kept open. It is made clear that I have not examined merits of the proposed proceedings. All parties, including the trial Court, to act upon the authenticated copy of this order.
(R. G. KETKAR, J.) Minal Parab 2/2