Babasaheb Tukaram Bansode v. Vitthal Kailash Aghav And Others

26-wp-13851-17.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13851 OF 2017 BABASAHEB TUKARAM BANSODE

VERSUS

VITTHAL KAILASH AGHAV AND OTHERS ...

Mr. Kakde Yuvraj V., Advocate for the Petitioner Mr. Andhale Sandip R., Advocate for Respondent Nos.1 to 5 CORAM : S. G. CHAPALGAONKAR, J.

DATE : 24.07.2025 PER COURT :- .

Mr. Kakde, learned Advocate appearing for petitioner submits that application seeking permission to lead secondary evidence was in fact not required to be filed in view of observations made by this Court in case of Karthik Gangadhar Bhat Vs. Nirmala Namdeo Bhat & Another reported in 2018 (1) Mh.L.J. 726. He would, therefore, urge that petitioner may be permitted to not press application Exhibit-91 and instead be allowed to file appropriate application to get two sale deeds on record of Court.

2.

In that view of the matter, petitioner is permitted to not press application Exhibit-91. Eventually, impugned order is quashed and set aside with liberty in favour of petitioner to file appropriate application in that regard.

3.

Writ petition stands disposed of.

[ S. G. CHAPALGAONKAR, J. ] HRJadhav