Sau. Surekha Hanumantrao Pawar Through Poa Holder Shri. Hanumantrao Laxmanrao Pawar v. Shri. Kisanrao Shankarrao Ghodke

53 wp 9959-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

WRIT PETITION NO. 9959 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S. S. Hardikar for the Petitioner.

CORAM : K. K. TATED, J.

DATED : 08/07/2016 P.C.:

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Heard learned Counsel for the petitioner.

By this petition under Article 227 of the Constitution of India the Petitioner defendants challenges the order dated 03.08.2015 passed by the Appellate Court allowing the plaintiff to place on record some documents.

The learned counsel for the petitioner submits that though the documents were on record before the Trial Court, same were not exhibited. Hence, order passed by the Appellate Court on 03.08.2015, is required to be set aside.

I heard learned counsel for the petitioner at length.

Sneha Chavan 1/2

53 wp 9959-15=.doc Bare reading of application below Exh. 23 dated 03.08.2015 filed by respondent plaintiff shows that plaintiff filed application for permission to place on record documents which withdrawn by him during the pendency of suit with permission of Court.

Considering this fact, I do not find any reason to entertain the present Writ Petition against the said order.

It is made clear that in case, plaintiff makes any application for exhibiting those documents, that application to be decided by giving opportunity to defendant to file his reply and say.

With these observations, Writ Petition stands rejected.

(K.K.TATED, J.) Sneha Chavan 2/2