Mangesh Vijayram Unecha v. Vatsala Tukaram Kale And ORS.

1 73.1245.18 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 1245 OF 2018 Mangesh Vijayram Unecha .....Petitioner V/s.

Vatsala Tukaram Kale and others .....Respondents Mr. Madhav Jamdar for the Petitioner CORAM : K. K. TATED, J.

DATE :

03rd DECEMBER, 2018.

P.C.

Heard the learned counsel for the Petitioner By this Writ Petition under Article 227 of the Constitution of India, Petitioner/Defendant no. 1 challenges the order dated 04/09/017 passed by Civil Judge, Senior Division, Pune below Exhibit 113 in Special Civil Suit No. 347 of 2005 issuing notice to the original Defendant no. 3 to produce documents at serial no. (g) & (h) in the Application of the Plaintiffs at Exhibit 106.

2 73.1245.18 wp.doc It is to be noted that impugned order is not challenged by the Defendant no. 3 against whom Trial Court has passed order. Bare reading of the impugned order shows that the Trial Court has not directed Plaintiff or Defendant no. 1 to produce any documents. Petitioner failed to make out case, how said order affects his rights. Therefore, Defendant no. 1 have no right to challenge the said order. Hence, on this ground, the Writ Petition stands rejected. No order as to costs.

[K. K. TATED, J.]