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Bombay High CourtWP/1060/2021allowed

Maroti S/O Bhivaji Hatwar And Another v. Jagannath Chepaji Kshirsagar

2021-06-24Hon'Ble Shri Justice Manish Pitale2 pages

1 wp 1060-2021--.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Writ Petition No. 1060/2021 with Writ Petition No. 1061/2021 with Writ Petition No. 1062/2021 with Writ Petition No. 1064/2021 with Writ Petition No. 1065/2021 and Writ Petition No. 1055/2021 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. V.D. Muley, Advocate for the petitioners Mr. H. R. Gadhia, Advocate for the respondent CORAM :MANISH PITALE, J.

DATED : JUNE 24, 2021 Hearing was conducted through video conferencing and the learned counsel agreed that the audio and visual quality was proper.

2.

It is undisputed that an identical issue arises in all these Petitions. It is also undisputed that the said identical issue arising in all these Petitions has been already decided in Writ Petition No. 4183/2020. It is for this reason that the learned counsel appearing for the respondent submits that the reply filed in Writ Petition No. 4183/2020, could be treated as filed in all these Petitions, in the light of the identical issue arising for consideration.

3.

The present Petitions concern the right of defendants to place on record certain documents

2 wp 1060-2021--.odt before the Trial Court, in the light of certain documents permitted to be placed on record on behalf of respondent - plaintiff.

4.

Since the issue arising in these Petitions is admittedly identical to the issue already decided in Writ Petition No. 4183/2020, for the reasons stated in the judgment and order dated 24/02/2021, passed in Writ Petition No. 4183/2020, all these Petitions are allowed and the orders impugned in these Petitions are quashed and set aside. Consequently, applications moved by the petitioners before the Trial Court for placing documents on record stand allowed.

5.

The Court below shall decide the suits expeditiously.

JUDGE MP Deshpande