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Bombay High CourtWP/2073/2019disposed offdismissed for default

Ritesh Ganesh Kolekar Thorough Grandfather Dnyanoba Vishwanath Kolekar v. Kashinath Shivappa Thavare And Others

2020-03-02Hon'Ble Shri Justice V.K. Jadhav2 pages

28-WP-2073-2019.odt -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 28 WRIT PETITION NO.2073 OF 2019 RITESH GANESH KOLEKAR THOROUGH GRANDFATHER DNYANOBA VISHWANATH KOLEKAR

VERSUS

KASHINATH SHIVAPPA THAVARE AND OTHERS ...

Advocate for Petitioners : Ingale Vivekanand V. Advocate for Respondent No.4: Mr. K.K. Kulkarni ...

CORAM : V. K. JADHAV, J.

DATED : 02nd March, 2020 PER COURT :- 1.

Heard finally with consent of the parties at admission stage.

2.

I do not find any fault in the order passed by the trial Court dated 11.06.2018. I agree with the observations made by the trial Court that the entire exercise of calling upon the Clerk of the Registration Office along with original record is unwarranted and uncalled for, for the reasons that, the certified copy of the said document has already been produced before the Court. It is for the petitioner - plaintiff to prove the said document by taking recourse to the provisions of the Civil Procedure Code or other provisions as available to him.

28-WP-2073-2019.odt -23.

In view of the same, I do not find any substance in this writ petition. Hence, the writ petition is hereby dismissed. (V. K. JADHAV, J.) Sam..