Abhayraj Shankar Hanmante v. Karun @ Vishakha Abhayraj Hanmante

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.2405 OF 2017 IN FCA NO.29 OF 2011 Abhayraj S/o Shankar Hanmante Vs. Karuna @ Vishakha W/o Abhayraj Hanmante Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.N.T.Tribhuwan, advocate holding for Mr.S.M.Godsay, advocate for the applicant.

Mrs.Pooja V.Langhe, advocate for Respondent.

CORAM : S.V.GANGAPURWALA AND K.L.WADANE,JJ.

Date : 24.02.2017.

PER COURT :

1.

Heard.

2.

The present application is filed for allowing the applicant to produce documents. While disposing of the Family Court appeal No.29/2011, we had passed the following order : "11.

As the parties have already led their evidence, the parties are not now required to adduce the evidence and the learned Judge of the Family Court shall hear the final arguments of the parties and decide the same in view of the observations made herein above. The parties or their lawyers shall appear before the Judge, Family Court, Aurangabad on 6th September, 2016.

Considering the fact that, the matter is remitted back and the matter is only required to be heard finally and decision given, the Judge, Family Court, Aurangabad shall endeavour to dispose of the petition expeditiously and preferably within a period of three

(3) months from the date of appearance of the parties. Record and proceedings be sent back forthwith. The family court appeal partly allowed and disposed of. No costs."

3.

In view of the said order, none of the parties are entitled to adduce fresh evidence. It was also represented while working out the said appeal that the parties have led their evidence. Now the applicant seeks to produce on record various documents, such as statement U/s 313 of the Cr.P.C., copies of depositions, Roznama and judgment.

4.

Copies of depositions and statement U/s 313 of the Cr.P.C. would not be permissible unless the same is referred to the party/witness. The same can not be permitted at this stage. As far as certified copy of the judgment is concerned, the same would be a certified copy of a public document.

5.

Considering above, the request of the applicant is granted to the extent of filing on record the certified copies of the judgment and order. Request with regard to other documents is negatived.

6.

The Civil Application is disposed of.

(K.L.WADANE,J.) (S.V.GANGAPURWALA,J.) Dt.24.02.2017.

asp/office/Ca2405.17