Kalindibai Niwarti Birle And Others v. Dnyanoba Sopan Tigile And Another

26-WP-15327-2019.odt -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 26 WRIT PETITION NO.15327 OF 2019 KALINDIBAI W/O NIWARTI BIRLE AND ORS.

VERSUS

DNYANOBA S/O SOPAN TIGILE AND ANR.

...

Advocate for Petitioner: Mr. V.D. Gunale ...

CORAM : V. K. JADHAV, J.

DATED : 20th January, 2020 PER COURT :- 1.

In view of the impugned order passed by the trial Court dated 09.01.2019 below Exhibit-67 in Regular Civil Suit No.293 of 2014, it appears that the petitioners herein would be at liberty to cross-examine the other side with the help of certify copies of documents as referred in the application Exhibit-67, which are already produced on record. Even on earlier occasion, the trial Court has held that the original file is not required to be called since the certify copies of documents placed on record would suffice that purpose.

2.

In view of the same, I do not find any substance in this writ petition. However, in case, if the trial Court thinks that the original file is required, the trial Court is at liberty to call the original file from concerned Tahsil Office and the petitioners can cross-examine the witnesses of other side on the basis of certify copies. The writ petition is accordingly disposed off.

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