Janardhan Shankar Dhas v. Kachardas Dhondiram Somani Through Lrs Ayodhyabai Kachardas Somani And Others

{1} WP 4585 OF 2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 949 WRIT PETITION NO.4585 OF 2019 JANARDHAN SHANKAR DHAS

VERSUS

KACHARDAS DHONDIRAM SOMANI (DECEASED) THROUGH LRS AYODHYABAI KACHARDAS SOMANI AND OTHERS ...

Advocate for Petitioner : Shri Narayan B.Narwade ...

CORAM : P.R.BORA, J.

DATE: 11th April, 2019 PER COURT:- The petitioner has preferred the present appeal in exception to the order passed by the Adhoc District Judge-6, Ahmednagar on 22.10.2018 below Application Exh.30 in Regular Regular Civil Appeal No.275 of 2015. The aforesaid application was filed by the present petitioner seeking leave to produce on record additional evidence. The petitioner was intending to place on record a copy of the Judgment delivered in Regular Civil Appeal No.275 of 2006. It was the further contention of the petitioner that in the said Regular Civil Appeal No.275 of 2006, the finding recorded by the said Court was supporting the case of the present petitioner. The learned District Judge has rejected the said application. Aggrieved thereby, the petitioner has preferred the present appeal.

{2} WP 4585 OF 2019 I have gone through the impugned order. Though, the application is rejected by the District Judge, it has been specifically observed by the learned District Judge that at the time of final hearing of the appeal, it would be open for the petitioner to bring the said finding to the notice of the Court and make certain submissions in that regard. In view of the observations so made, it does not appear to me that any interference is required in the impugned order. The purpose of filing application Exh.30 is appropriately served by the aforesaid order.

In view of above, writ petition stands disposed of. (P.R.BORA) JUDGE SPT

{3} WP 4585 OF 2019