Dr. Rakeshhandra Kanojia And ANR v. Jayrambhai Dayabhai Chauhan(Bytco) Charitable Trust, And ORS

1/2 14-cwp-10465-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by DINESH SADANAND SHERLA Date:

2022.02.17 18:46:03 +0500 CIVIL APPELLATE JURISDICTION DINESH SADANAND SHERLA WRIT PETITION NO. 10465 OF 2018 Dr. Rakeshhandra Kanojia and anr.

...Petitioners

V/s.

Jayrambhai D. Chauhan (BYTCO) Charitable Trust and ors.

...Respondents.

Mr. Prasad Avhad i/b Mr. L.R. Odhekar for the Petitioners.

CORAM

:

N.R. BORKAR, J.

DATE :

17.02.2022.

P.C. :

1.

This petition takes an exception to the order dated 06.02.2018 passed by the learned Civil Judge, Sr. Division, Nashik below Exhibit-120 in Special Civil Suit No. 324 of 2008. 2.

The petitioners, who are the defendants, in the aforesaid suit, fled an application at Exhibit-120 inter alia praying that the document dated 23.12.2004 marked as Exhibit-99 is not admissible in the evidence on the ground that neither it is properly stamped nor it is registered and therefore, it be de-exhibited. Dinesh S. Sherla 1/2

2/2 14-cwp-10465-18.doc 3.

When the suit is still pending, it would not be desirable to record any fnding in relation to admissibility or inadmissibility of the document in question. I am, therefore, not inclined to entertain the present petition. The petitioners are, however, at liberty to raise the grounds in relation to inadmissibility of the document in-question at the fnal hearing of the Suit. 4.

Writ Petition is disposed of accordingly.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2