Mahadabai Gunwantrao Patil And Others v. Chimanabai Shankar Soppa Died Lrs Kamalabai Gurubasappa Chaunda Died Lrs Vishwanath And Others

4159.2017WP.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4159 OF 2017 Smt Mahadabai w/o Gunwantrao Patil and others ...Petitioners

Versus

Chimanabai w/o Shankar Soppa Died her L.Rs.

Kamalabai w/o Gurbasappa Chaunda Died through her L.Rs.

2/1.

Vishwanath s/o Gurbasappa Chaunda and others ...Respondents ...

Mr. Rajeev B. Deshmukh, Advocate for petitioners Mr. B. A. Darak, Advocate for respondents no. 2/1 to 2/5 [CORAM: SUNIL P. DESHMUKH, J.] Date: 12 th July, 2017 ORDER :

1.

Heard learned counsel for petitioners.

2.

Learned counsel for petitioners submits that petitioners intends to challenge order dated 25th November, 2016, passed by the civil judge, junior division, Udgir under application exhibit-95 in RD no. 56 of 1980 in respect of granting permission to respondents to 2/1 to 2/5 to lead secondary evidence of documents.

4159.2017WP.odt 3.

Learned counsel for respondents Mr. Darak states that one witness has already been examined pursuant to the permission granted under order dated 25th November, 2016 passed on application exhibit-95.

4.

In the circumstances, learned counsel for petitioner resiles to the position that there would be avenue open to challenge correctness of order pursuant to section 105 of Code of Civil Procedure.

5.

In view of the same, writ petition stands disposed of. [SUNIL P. DESHMUKH, J.] vdk