Sumit Neeraj Dilipkumar Jaiswal v. Sujata Amarish Jaiswal And Others

2025:BHC-AUG:1777 1 53-wp 11821-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11821 OF 2023 Sumit @ Neeraj Dilipkumar Jaiswal .. Petitioner

Versus

Sujata Amarish Jaiswal and others .. Respondents Mr. Darshan L. Palod, Advocate for the Petitioner. Smt. Sunita D. Shelke and Mr. R.P. Patwardhan, Advocates for Respondent Nos. 2 & 4.

CORAM :

KISHORE C. SANT, J.

DATED : 20th JANUARY, 2025.

P. C. :- .

Heard the parties.

2.

A challenge in this petition is to an order passed by the learned Joint Civil Judge Senior Division, Jalna dated 08.06.2023 in Special Civil Suit No. 87/2019. An application was filed by the respondent No. 1 - plaintiff under Order XI Rule 16 of the Code of Civil Procedure for direction to the petitioner - defendant to produce certain documents. The main ground raised is that, the application was not in proper format and at appropriate stage as the evidence of both the parties is yet to complete.

2 53-wp 11821-2023.odt 3.

Considering this, this Court finds that, the writ petition can be disposed of by granting liberty to the respondents to file application afresh at appropriate stage.

4.

With this, the writ petition stands allowed in terms of prayer clause (B) by reserving the right of the respondents. Needless to say that, the interim relief granted earlier also stands vacated. 5.

The writ petition is disposed of.

( KISHORE C. SANT, J. ) P.S.B.