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Bombay High CourtWP/13469/2018rejected

Shri. Sandeep Narayan Shejole And ANR. v. Shri. Balwant Dondu Shejole

2018-12-06Hon'Ble Shri Justice K.K. Tated2 pages

1 908.13469.18 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13469 OF 2018 Shri. Sandeep Narayan Shejole and another .....Petitioners V/s.

Shri. Balwant Dondu Shejole .....Respondent Mr. Priten Killedar for the petitioners CORAM : K. K. TATED, J.

DATE :

6th DECEMBER, 2018.

P.C.

Heard the learned counsel Mr. Killedar for the petitioner. By this writ petition, petitioner/original plaintiff is challenging the order dated 18/07/2018 passed by 7th Jt. Civil Judge, Senior Division, Nashik below Exhibit 34 in R.C.S. No. 259 of 2015 dismissing petitioner's application for production of Photostat copy of the document. The Trial Court has specifically recorded in paragraph 4 of the impugned order that Photostat copy of the

2 908.13469.18 wp.doc document cannot be exhibited unless and until due process is followed by the petitioner.

Considering this fact and section 65 of the Evidence Act, I do not find any substance in the writ petition. Hence, writ petition stands rejected.

[K. K. TATED, J.]