Tukaram Dada Patare v. Anil Mohanlal Bothra

97.24WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 985 WRIT PETITION NO. 97 OF 2024 TUKARAM DADA PATARE

VERSUS

ANIL MOHANLAL BOTHRA ...

Advocate for the Petitioner : Mr.Rajendra S. Kasar Advocate for Respondent : Mr.A.P.Bhandari ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 05.03.2024 P.C. :

1] The petitioner is challenging the judgment and order dated 02.12.2023 passed by 2nd Joint Civil Judge Senior Division, Ahmednagar below Exh.150 in Special Civil Suit No.96/2021.

2] The application is filed for production of additional documents in terms of mutation entry and the same was filed at the fag end of the final arguments in the matter.

3] Heard the learned counsel for the parties. The learned counsel for the petitioner submits that the suit is at the stage of argument and the production of the document will not set back the trial. Therefore, no prejudice would be caused to the respondent in case application is allowed. In

97.24WP view of the same, the present writ petition is allowed. The impugned judgment and order dated 02.12.2023 passed by the learned 2nd Joint Civil Judge Senior Division, Ahmednagar below Exh.150 in Special Civil Suit No.96 of 2021 is quashed and set aside. The petitioner is permitted to place on record additional documents before the trial Court. The trial Court is directed to decide the Special Civil Suit No.96 of 2021, as expeditiously as possible, preferably within a period of 6 months from the date of production of this order.

4] It is made clear by the petitioner that he would not make any further such application.

[ARUN R. PEDNEKER] JUDGE DDC