Bhausaheb Maruti Janbhare v. Nanasaheb Yamaji Mohite And Others

2025:BHC-AUG:25398 9417.25WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 905 WRIT PETITION NO. 9417 OF 2025 BHAUSAHEB MARUTI JANBHARE

VERSUS

NANASAHEB YAMAJI MOHITE AND OTHERS ...

Advocate for the petitioner : Mr.V.V.Tarde ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 16.09.2025 P.C. :

1] The petitioner challenges the order dated 04.12.2024 and 06.05.2025 passed by the 2nd Joint Civil Judge Junior Division, Karjat below Exh.137 and 144 in RCS No.17/2012 thereby application to exhibit an agreement dated 31.05.2005 has been rejected by the trial Court. It is seen that the plaintiff has not examined himself. The learned counsel has not able to show that thumb impression or signature on the said document. The suit is filed in the year 2008. Although various opportunities were given to the plaintiff to prove the documents, no witness produced by the plaintiff, so also, defendant no.1 in his cross examination has not admitted the document or any signature or thumb impression on any agreement dated 31.05.2005, as such, document filed at Exh.3 remains

9417.25WP unproved. The learned counsel for the petitioner has not able to demonstrate before this Court that as to how the documents can be exhibited.

2] Considering the same, no case is made out to interfere in the impugned orders. Hence, the present Writ Petition is dismissed.

[ARUN R. PEDNEKER] JUDGE DDC