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Bombay High CourtWP/11082/2018dismissed

Rajendra Gajanan Nagvekar v. Namdev Ganpat Shety Decd Through Legal Heirs

2018-10-15Hon'Ble Shri Justice R.D. Dhanuka1 pages

nob1-wp11082-18.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11082 OF 2018 Rajendra G. Nagavekar

...Petitioner

V/s.

Namdev G. Shetye, since deceased through his L.Rs. - Ajay N. Shetye & Ors.

...Respondents

Mr.S.M. Kazi for the Petitioner.

CORAM : R.D. DHANUKA, J.

DATE : 15TH OCTOBER, 2018.

P.C. :- 1.

The matter is mentioned. Not on board.

2.

By this petition the petitioner has impugned the order dated 26th June, 2018 passed by the learned District Judge thereby de-exhibiting the documents produced by the petitioner after a period of two years of those documents having been exhibited. 3.

In my view, the petitioner can raise this as one of the ground while challenging the final judgment and decree if the petitioner is aggrieved by it under section 105 of the Code of Civil Procedure, 1908. I am thus not inclined to interfere with the impugned order at this stage.

4.

The writ petition is accordingly dismissed in aforesaid clarifications. There shall be no order as to costs. Vasant Anandrao Idhol Date: 2018.10.17 17:54:02 +0530 Vasant Anandrao Idhol (R.D. DHANUKA, J.) 1/1