Haridas S/O Dubaji Taware And Others v. Shriram S/O Baliram Thaware And Others

25-WP-6548-19 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.6548 OF 2019 Haridas s/o Dubaji Taware and ors.

-vsShriram s/o Baliram Thaware and ors.

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Shri Harsh Kothari, Advocate for petitioners. Shri P. K. Mishra, Advocate for respondents.

CORAM : A. S. CHANDURKAR, J.

DATE : December 03, 2019 Heard Shri H. Kothari, learned counsel for the petitioner and Shri P. K. Mishra, learned counsel for the respondent. It is found that the appellate Court has given cogent reasons for rejecting the application below Exhibit-26. The agreement at Exhibit-60 was subjected to cross-examination in the deposition of respondent No.1 who is one of the signatories. There is no explanation as to why the request made in Exhibit26 was not made before the trial Court. In that view of the matter I am not inclined to interfere in writ jurisdiction. The appeal shall be decided uninfluenced by any observations made in this order or the order passed below Exhibit-26.

The writ petition is dismissed. No costs.

JUDGE Asmita