Mahadev Balu Thale (Since Decd) Lrs. v. Shri. Augustin L. Pastala And ORS.

WP-514-15.doc 16.01.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 514 OF 2015 Mahadev Balu Thale and others .. Petitioners

Versus

Shri. Augustin L. Pastala and others .. Respondents Mr. Rahul Madan More, Advocate for the Petitioners. CORAM : R.M. SAVANT, J.

DATE : 16th JANUARY, 2015 P.C.

1.

The application Exh.192 filed by the Petitioners/original Defendants No.10(1) to (4) for calling for the record of Regular Civil Suit No.32/1997 and 46/1997 from the record of the District Court and also to issue summons to the Collector office so as to call for the inquiry held at the instance of the said office in pursuant to the directions of the Hon'ble High Court in Writ Petition No.1787 of 1998, which application was rejected by the order dated 20th November, 2014 is taken exception to by way of the above petition.

2.

The rejection of the said application is on the ground that the Petitioners i.e. original Defendant Nos.10(1) to (4) can produce copies of BGP.

WP-514-15.doc 16.01.2015 the said documents by obtaining them from the Court as well as the Collector's office. Hence, it would be open for the Petitioners to adopt the said course of action as propounded by the Trial Court in the impugned order and in the event they are not able to procure the said copies within a reasonable period of time, the Petitioners can renew their application. Hence, without interfering with the impugned order, but subject to the aforesaid, the writ petition is disposed of.

[R.M. SAVANT, J] BGP.