Shri. Yuvraj Ramprakash Malhotra v. Pandurang Hari Tare Decd Thru Lhrs And ORS
8. civil wp 2488-22.doc R.M. AMBERKAR (Private Secretary) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL CIVIL APPELLATE APPELLATE JURISDICTION JURISDICTION WRIT PETITION NO. 2488 OF 2022 Yuvraj Ramprakash Malhotra .. Petitioner
Versus
Pandurang Hari Tare (since deceased through legal heirs) Laxmibai Pandurang Tare & Ors.
.. Respondents ....................
Mr. Vijay Killedar for the Petitioner Mr. Kamlesh P. Mali for the Respondents ...................
CORAM : MILIND N. JADHAV, J.
DATE : MARCH 25, 2022 P.C.
:
1.
Heard.
2.
Perused the impugned Judgment & Order dated 03.01.2022 passed by the learned Civil Judge, Junior Division, Ulhasngar in Regular Civil Suit No. 294 of 2019 below Exhibit 109. On a plain reading, clause (4) of the operative part of the impugned judgment records that the Application of the Petitioner before the trial Court to mark the document i.e. a map has been rejected by the trial Court. However, in view of the trial Court allowing the Petitioner to produce the said document (Map) in view of clauses (2) and (3) of the operative part of the impugned judgment, there was no necessity of the trial Court to pass the direction contained in clause (4) of the
8. civil wp 2488-22.doc operative part. In that view of the matter, the direction passed in clause (4) of the operative part of the impugned judgment is set aside. Rest of the Judgment dated 03.01.2022 shall remain as it is. 3.
Parties are at liberty to produce the evidence in respect of the concerned map before the trial Court.
4.
Both the learned Advocates inform the Court that though the trial was expedited by this Court by order dated 19.06.2018 passed in Writ Petition No. 2767 of 2013, till today the trial has been dragged. 5.
Considering the above order, the Trial Court is directed to conclude the trial within a period of twelve months from today. Parties are also directed to co-operate and not to seek adjournment unless absolutely necessary.
6.
With the above directions, the Writ Petition stands disposed of. [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date: 2022.03.28 10:36:39 +0530 RAVINDRA MOHAN AMBERKAR