Shri. Girish Kalicharan Mahajan And ORS. v. State Of Maharashtra And ORS.

osk 22-wp-6980-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6980 OF 2017 Girish Kalicharan Mahajan & Ors.

...

Petitioners V/s.

State of Maharashtra & Ors.

...

Respondents • Ms.Gayatri Nayali i/b. Mr.R.P. Khobragade for the Petitioners. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 24th APRIL, 2018.

P.C. :

1] Heard learned counsel for the Petitioners.

2] By this Writ Petition, filed under Article 227 of the Constitution of India, the Petitioners are challenging the order dated 27th September 2016 passed by the Jt. Civil Judge, Junior Division, Ulhasnagar, below the application at Exhibit-59 in Regular Civil Suit No.226 of 2006.

3] The application at Exhibit-59 was filed by the present Petitioners for sending the release deed for verification. However, as observed by the trial Court, the Petitioners have not stated even to whom the document was to sent for verification. It is also not stated 1/2

osk 22-wp-6980-2017.odt under which provision of law, the application is filed. Moreover, the grounds raised as regards non execution of the release deed can be put forth during the cross-examination of the Respondents. At that stage, the said application was not tenable and hence, the trial Court has rightly rejected the application. In the writ jurisdiction, no interference is warranted in the impugned order passed by the trial Court.

4] The Writ Petition therefore being devoid of merit, stands dismissed.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2