Hanumandas Dwarkadas Soni Died Thr Lrs Vinod Hanumandas Soni And Others v. Sanjay Chothmal Chandak And Another

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 913 WRIT PETITION NO. 11686 OF 2024 Hanumandas Dwarkadas Soni (Deceased through LRs) & others ....Petitioners

VERSUS

Sanjay Chothmal Chandak & another .....Respondents .....

Mr. M. M. Patil(beedkar), Advocate for the Petitioners. Mr. S. S. Rathi, Advocate for Respondent No. 1. CORAM : R. M. JOSHI, J.

DATE : 14th NOVEMBER, 2024.

PER COURT :

1.

Learned counsel for both sides are heard for some time. 2.

During the course of hearing, it was brought to the notice of the Court that DW 2 Chandrakant Wadekar examined by Petitioners/original Defendants had brought original DP plan. Inspite of the said fact, the learned Trial Court has refused to exhibit the documents sought to be placed on record.

3.

Learned counsel for Petitioners submits that it was open for the learned Trial Court to compare the plan produced by

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4.

Unfortunately, this exercise has not been done by the Trial Court. Without stretching this issue any further, suffice it to say that it is open for the Petitioners to move appropriate application before the Trial Court calling upon the witness to bring the DP plan again before the Trial Court and on comparison of the plan filed on record by the Defendants, appropriate order of exhibit documents can be passed. Hence, Petition stands allowed in aforestated terms. Order impugned is set aside.

5.

Having regard to the nature of dispute, Trial Court is requested to decide the suit expeditiously.

( R. M. JOSHI) Judge dyb