Vinod Vilasrao Mahajan v. Nandkumar Venkati Mahajan And Others

1 906-WP-12483-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.12483 OF 2023 VINOD VILASRAO MAHAJAN

VERSUS

NANDKUMAR VENKATI MAHAJAN AND OTHERS ...

Mr. Sudhir Chavan, Advocate h/f Mr. Vikram S. Kadam, Advocate for Petitioner ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 10th OCTOBER, 2023 PER COURT :

1.

Impugned order is passed below Exhibit-155 in Regular Civil Suit No.530/2012. Application Exhibit-155 is filed by petitioner/defendant No.3 that permission given to plaintiff No.1 to file additional affidavit be recalled. Trial Court, by impugned order, has granted permission to plaintiff to exhibit documents and accepted additional affidavit filed by plaintiff only to the extent of exhibiting documents and also granted permission to defendants to cross-examine plaintiff. Petitioner is aggrieved by this order. 2.

Upon hearing learned advocate for petitioner and on perusal of memo writ petition, annexures thereto and impugned order, this Court is of the view that no interference is called for in the impugned order at this stage. Writ petition is disposed of by granting liberty to petitioner to challenge admissibility, relevancy and proof of documents exhibited in terms of order impugned in present petition.

(NITIN B. SURYAWANSHI, J.) SVH