Sarjar Harjeet Singh Sardar Tirath Singh Swahney v. Sardar Paramjeet Singh Sardar Tirath Singh Swaheny And ANR

1 902 fa 1117-06

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 FIRST APPEAL NO.1117 OF 2006 WITH FA/1708/2022 WITH CA/10733/2022 IN FA/1708/2022 WITH CA/12172/2022 IN FA/1117/2006 WITH CA/13989/2021 IN FA/1117/2006 SARJAR HARJEETSINGH SARDAR TIRATHSINGH SWAHNEY

VERSUS

SARDAR PARAMJEETSINGH SARDAR TIRATHSINGH SWAHENY AND ANR ...

Advocate for Appellant : Party In Person AGP for Respondent- State: Mr. S. S. Dande Advocate for Respondent No.2 : Mr. A. R. Rathod ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 15/06/2023.

P. C. :

A) ORDER IN FIRST APPEALS :

1.

Print is dispensed with.

2.

By consent, the appeals are fixed for final hearing on 26th July 2023.

B) ORDER IN CIVIL APPLICATION NO.12172 OF 2022 : 1.

Heard rival submissions. The applicant - appellant in First Appeal No. 1117 of 2006 is seeking direction for calling the original Will dated 16.11.1992 and Vakalatnama dated 16.07.1996 filed in MARJI No. 218 of 1996 at Sr. No. 52 and 6

2 902 fa 1117-06 respectively from the record and proceeding of R.C.C. No. 1361 of 2003.

2.

The applicant/appellant in person submits that the record of aforesaid MARJI application was called in R.C.C. No.1361 of 2003 for deciding the same, wherein the present respondent No.1 was convicted by the concerned Magistrate. However, it seems that thereafter the appellate Court i.e. the learned Additional Sessions Judge-5, Aurangabad had acquitted the respondent No.1 against which a Criminal Revision No. 2018 of 2017 was preferred by the present applicant, but it was also dismissed.

3.

The applicant is now claiming that the aforesaid Will and Vakalatnama which was the part of record and proceeding of the aforesaid MARJI remained in the record and proceeding of R.C.C. No.1361 of 2003 and considering the technical aspect, the same are required here to decide this First Appeal. 4.

The learned Counsel for the respondent submits that he is not aware about the fact of the aforesaid Will and Vakalatnama being remained with record and proceeding of the aforesaid R.C.C. However, since the aforesaid MARJI proceeding is challenged in this appeal, the Principal District Judge, Aurangabad is directed to send the aforesaid Will as well as Vakalatnama to this Court, if it is found that the same are in the

3 902 fa 1117-06 record and proceeding of aforesaid R.C.C. No. 1361 of 2003 by retaining the certified copies of the same in that record and proceeding till 26th July 2023.

5.

The civil application is disposed of.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-