Shivaji Hariram Kawale Patil v. Saraswatibai Bhausaheb Shinde And ORS

W.P.5352.11

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5352 OF 2011 Shivaji Hariram Kawale Patil ...PETITIONER versus Saraswatibai Bhausaheb Shinde and others ...RESPONDENTS .....

Mr. R.B. Deshmukh, Advocate for Petitioner Mr. S.V. Natu, Advocate for respondents No. 1 and 4 to 6 .....

CORAM : SUNIL P. DESHMUKH, J.

DATED : 8th SEPTEMBER, 2015 Order :- 1.

Learned counsel for petitioner apprehends that last sentence of the order dated 10th June, 2011 of Civil Judge, Junior Division, Latur while rejecting application Exhibit-99 is likely to be an impediment while it comes for considering the point of admissibility of documents. 2.

General tenor of the impugned order, however, suggests otherwise which purports to consider that the application has been moved at a premature stage and stage of admissibility of documents has not reached and as such, had left it open for re-agitation of the points at appropriate stage including final hearing. 3.

Having said so, no further observations are required, albeit learned counsel for respondents purports to view the matter from a different angle.

W.P.5352.11 4.

Learned counsel for respondents fairly does not dispute that tenor of the observations of the trial court in impugned order suggests aforesaid. As such, no orders are required in writ petition. 5.

Writ petition, as such, stands disposed of.

Sd/- ( SUNIL P. DESHMUKH, J. ) MTK