Bhagwan Dhondiba Umap v. Asaram Masu Hotagle And Others

Madkar 1 W.P. No. 13451/2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD

921. WRIT PETITION NO. 13452 of 2018 Bhagwan Dhondiba Umap ...

Petitioner

Versus

Asaram Masu Hotagle and others ...

Respondents Mr. A.L. Kanade, Advocate for petitioner.

Coram : N.M. Jamdar, J.

Date : 5 December 2018.

PER COURT :

1.

By this petition the petitioner has challenged the order passed below application Exhibits No. 37 and 48 in Regular Civil Suit No. 333 of 2013 by the learned Civil Judge Junior Division, Gevrai, dated 20 February 2018 allowing the application filed by the respondents/defendants and impounding the document in question directing defendant No.1 to deposit the stamp duty. 2.

The learned Counsel for the petitioner submitted that, by this method the respondents/defendants are seeking to create evidence in respect of the document which is bogus. He submitted that in respect of this document criminal complaint is also filed.

Madkar 2 W.P. No. 13451/2018 3.

As has been already clarified by the learned Civil Judge that the learned Civil Judge has not looked into the evidenciary value of this document and is only passing order regarding the stamp duty. The arguments of the petitioner in respect of the document in question are kept open to be urged at the time of the hearing of the suit, as already observed by the learned Civil Judge. 4.

The writ petition is disposed of.

N.M. Jamdar, J.