Bombay High CourtWP/4278/2016dispossed offdismiss for default

Badal Mahendrakumar Mate v. Smt. Vithabai Sampatrao Danao And Others

2016-08-08Hon'Ble Shri Justice Z.A. Haq3 pages

1 wp4278.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETIT ION NO.

/201 Badal Mahendrakumar Mate ..VS..

Smt. Vithabai Sampatrao Danao and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : 8.8.2016.

Heard Shri H.P. Darvekar, Advocate h/f Shri Y.S. Gorle, Advocate for the petitioner - defendant No.3 and Shri N.Y. Thengre, Advocate for the respondent No.1 - original plaintiff who has put in appearance suo motu. The petitioner - defendant No.3 filed application (Exh. No.104) seeking permission to file documents on record. The petitioner - defendant No.3 filed another application (Exh. No.107) praying that the documents filed alongwith application (Exh. No.104) be exhibited being certified copies of public documents. The learned trial Judge has recorded that the recording of evidence is completed and the arguments on behalf of the parties are also heard and at this stage the applications came be to filed. The learned trial Judge has recorded that the petitioner - defendant no.3 has

2 wp4278.16 not given any explanation for not filing the documents earlier.

The learned Advocate for the respondent No.1 - plaintiff has submitted that the documents which the petitioner - defendant No.3 is seeking to place on record are 7/12 extracts in which the name of defendant No.3 is mutated during the pendency of the civil suit. After hearing the learned Advocates for the petitioner and the respondent No.1 and considering the facts on record, I do not find any infirmity or illegality in the impugned order. The petition is dismissed. In the circumstances, the parties to bear their own costs. JUDGE Tambaskar.

3 wp4278.16 CERTIFICATE original signed Judgment/Order".

Uploaded By : N.V. Tambaskar.

Uploaded On : 18.8.2016.

Personal Assistant.