Rajendra S/O Mahadeorao Sune v. Abdul Razzik S/O Habib Surayya, (Dead) Thr. Lrs. And Another

2023:BHC-NAG:16765 1 57-WP No.1571.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.

OF 20 (Shri Rajendra S/o Mahadeorao Sune ..VS.. Abdul Razzik S/o Habib Surayya (Dead) through his LRs. Smt. Mobin Wd/o Razzak Surayya and Others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N.P. Borkar, Advocate for Petitioner.

CORAM : A NIL S. KILOR , J.

DATED : DECEMBER 5 , 20 .

1.

Heard.

2.

The petitioner by the present writ petition has raised a question to the validity and correctness of order dated 13.11.2021 passed below Exh.186 by the Civil Judge, Junior Division, Nandgaon Khandeshwar, District Amravati in Regular Civil Suit No.11/2011, rejecting the application to call a witness to prove Plaint Map, is under challenged.

3.

From the record it is evident that twice the Court Commissioner was appointed and after filing the Reports by the Court Commissioners along with Map, the Court Commissioners were examined. Moreover, the name of the witness, which the plaintiff is seeking to call to prove the Plaint Map, was not mentioned in the list of witnesses.

2 57-WP No.1571.2022 4.

In that view of the matter, I do not find any perversity or illegality committed by the Court in rejecting the application Exh.186.

The Writ petition is accordingly dismissed.

JUDGE Kirtak.