P Manishkumar Damodar v. Keshav Ramdas Kulkarni Through Lrs Shobha Keshav Kulkarni And Others

940-WP.4226-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 940 WRIT PETITION NO.4226 OF 2019 P. MANISHKUMAR DAMODAR

VERSUS

KESHAV RAMDAS KULKARNI THROUGH LRS SHOBHA KESHAV KULKARNI AND OTHERS ...

Advocate for Petitioner : Mr. Y.H.Jadhav h/f Mr. G.A.Nagori. ...

CORAM : V. K. JADHAV, J.

DATE : 08.01.2020 PER COURT :- 1.

I find no substance in this Writ Petition. The petitioner / plaintiff has filed an application Exh.168 to issue summons to the witness Talathi etc. with a direction to bring 7/12 extract pertaining to the disputed land for the last 20 years. The learned Judge of the Trial Court has rightly rejected the application for the reason that the certified copies of the public record can be filed and it is not necessary to call upon the person who has prepared the public record or who is in the custody of the public record.

2.

I do not find any fault in the impugned order passed by the Trial Court. There is no reason to issue summons to the

940-WP.4226-19.odt Talathi, Tahsildar and Sub Registrar to produce the documents as prayed in the application Exh.168. The petitioner / plaintiff can very well produce the certified copies of those documents before the Court. Hence, the following order.

ORDER

The Writ Petition is hereby dismissed.

(V. K. JADHAV, J.) ...

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