Lalita W/O. Rajkumar Agrawal And Another v. Gopal Narayandas Agarawal And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.3868/2015 Lalita w/o Rajkumar Agrawal and another ..Versus..

Gopal Narayandas Agrawal 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.

DATE : 7.10.2015 Heard Ms. R.P. Jog, advocate for the petitioner and Shri A.M. Ghare, advocate for the respondent no.1 and Ms. S.S. Jachak, advocate for respondents 2 and 3.

The petitioners - original defendants take exception to the order passed by the trial Court overruling their objection regarding admissibility of the document (Exh. No.36) on the ground that it is required to be registered as per Section 17 of the Registration Act and it is not registered. In my view, the impugned order does not require any interference at this stage as if the contentions of the respective parties regarding the document (Exh. No.36) are delved into, it will affect the trial of the suit. The impugned order being interlocutory in

2 wp3868.15 nature, I am not inclined to entertain the challenge raised by this petitioners at this stage. Needless to say that I have not examined the legality and validity of the impugned order and it is open for the parties to raise appropriate challenge at appropriate stage, if required. The petition is disposed of in the above terms. In the circumstances, the parties to bear their own costs.

JUDGE Tambaskar.