Anjanabai Khandu Wadhe v. Parwatabai Girdhar Nikam And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1791 OF 2015 Anjanabai Khandu Wadhe PETITIONER

VERSUS

Parwatabai Girdhar Nikam & others RESPONDENTS .......

Mr. Ajit M. Gholap, Advocate for the petitioner Mr. G. V. Wani, Advocate for respondent No.1 .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 18 th MARCH, 2015 ORDER :

1.

Heard Mr. Gholap, learned advocate for the petitioner and Mr. Wani, learned advocate for respondent No.1.

2.

The petition has been moved against order dated 1st October, 2014 whereby the Civil Judge, Junior Division, Jamner has refused the request of the petitioner - defendant No.5 of setting aside the order of "No Written Statement" and to allow her to file written statement in the contended changed circumstances and production of documents referred to in pursis at Exhibit-85 filed by the plaintiff.

3.

In view of order dated 25th February, 2015 of this court, scope of the present petition is restricted to production of document, as referred to in pursis Exhibit-85. 4.

Perusal of the impugned order shows that request of the petitioner - defendant No.5 primarily has not been considered for

{2} wp1791-15 the reason that the plaintiff had closed her evidence and she had been cross-examined by defendant No.5 and the matter was posted for evidence of the defendants. While it is being contended by the learned counsel for the petitioner that production of said document is likely to aid cause of defendant No.5, learned counsel for the plaintiff thinks otherwise. It is being submitted that it cannot be read to the detriment of the plaintiff, if at all it comes to rely on the same. However, this would be a case after the stage of production. 5.

In view of aforesaid, I deem it appropriate to set aside the impugned order only to the extent it concerns production of document and allow production of the document referred to in pursis Exhibit-85, subject, however, to payment of costs of Rs.2000/-. As such, Exhibit-90 stands allowed to aforesaid extent only, open to treatment to the same in accordance with law. 6.

In the result, the writ petition stands partly allowed. Order dated 1st October, 2014 passed by Civil Judge, Junior Division, Jamner is set aside to the extent of refusal to allow production of document referred to in pursis Exhibit-85 and Exhibit-90 is allowed to that extent only, open to treatment to the same in accordance with law.

[SUNIL P. DESHMUKH, J.] drp/B14/wp1791-15