Smt. Sumitrabai Wd/O Wamanrao Gawande (Dead) And Another v. Akola Municipal Corporation, Akola Through Commissioner

1 w.p. 5372.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Writ Petition No. 5372 of 2021 [Smt. Sumitrabai Wd/o Wamanrao Gawande and anr. ..vs.. Akola Municipal Corporation, Akola through its Commissioner] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. P. K. Mohta, Advocate for the petitioners CORAM : ROHIT B. DEO, J.

DATED : 14 -1-202 Civil Application (CAW) 2076/2021 The application for bringing on record legal heirs of deceased petitioner 1 is allowed.

Writ Petition No. 5372 of 2021 2.

The petition is directed against the order of the trial Court which permits the defendants to produce on record certain documents at the stage of recording of evidence of the defendants.

3.

The submission is that the plaintiff having completed his evidence, would be put to prejudice. 4.

The trial Court has made it clear that all that is done is permitting production of documents. I deem it to clarify further that every objection which is open to the admissibility of the document or otherwise is kept

2 w.p. 5372.2021.odt expressly open. If the documents are such as would prejudice the plaintiff, the plaintiff shall be free to apply for grant of permission to adduce further evidence, and if such an application is made, the same shall be considered on its own merits.

5.

Subject to the observations supra, the petition is disposed of.

JUDGE wasnik YUVRAJ WASNIK