Dattaprasad Ratanlal Jakotiya Gpa Pawankumar D. Jakotiya v. Manik Ambadas Gurkhel

904.CA.2211.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2211 OF 2016 IN WRIT PETITION NO. 6298 OF 2013 Dattaprasad Ratanlal Jakotiya ..APPLICANT

VERSUS

Manik Ambadas Gurkhel ..RESPONDENT ....

Mr. B.V. Thombre, Advocate for applicant.

Mr. V.D. Salunke, Advocate for respondent.

....

CORAM : RAVINDRA V. GHUGE, J.

DATED : 26th FEBRUARY, 2016 ORDER :

1.

The applicant by this application prays for bringing on record the copy of the plaint in R.C.S. No. 203/2014. His contention is that the contents of the plaint would assist the Court in properly adjudicating the writ petition.

2.

Mr. Salunke, learned Counsel for the non-applicant opposes this application. His contention is that the copy of the S.S.DESHPANDE 1 / 2

904.CA.2211.16.doc plaint is not required and there is no necessity to place it on record. He prays that this application be rejected.

3.

I have considered the submissions of the learned Counsels.

4.

The document which is sought to be placed on record by the applicant is merely a copy of the plaint which was filed by the petitioner. The same is naturally a part of the R.C.S. No. 203/2014 which was a suit for declaration of ownership and perpetual injunction. I do not find that any prejudice or hardships would be caused to the non-applicant if this application is allowed. 5.

In the light of the above, this application is allowed. The applicant shall place the copy of the plaint in R.C.S. No. 203/2014 on record in the writ petition within a period of three weeks from today.

(RAVINDRA V. GHUGE, J.) S.S.DESHPANDE 2 / 2