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Bombay High CourtWP/6933/2022dismissed

Mirabai Shamrao Jadhav And Others v. The Collector And Others

2022-07-06Hon'Ble Shri Justice Mangesh S. Patil2 pages

952-WP NO.6933 OF 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6933 OF 2022 MIRABAI SHAMRAO JADHAV AND OTHERS

VERSUS

THE COLLECTOR AND OTHERS . . .

Advocate for Petitioners : Mr. Shrikishan S. Shinde . . .

CORAM : MANGESH S. PATIL, J.

DATED : 06 JULY 2022 PER COURT :

Heard.

2.

This is an example as to how a party can misuse the process of court and waste valuable time.

3.

The petitioners are the claimants before the reference court. During the course of hearing, under the beliefs that a document which according to them was duly proved, but was not exhibited, they preferred an application (Exh.49) seeking to recall the witness just to get the document exhibited.

4.

The reference court by the order under challenge correctly pointed out that if according to the petitioners the document was duly proved, the issue could be decided at the time of judgment. In spite of such 1/2

952-WP NO.6933 OF 2022.odt observation, the petitioners are bold enough to approach this court, challenging the order which in fact makes it abundantly clear that the issue can be gone into and decided at the time of final hearing. 5.

Nothing much needs to be said to demonstrate that filing of the petition is a sheer abuse of the process of the court. 6.

The petition is dismissed.

( MANGESH S. PATIL, J.) Tandale/- 2/2