Yash Rajendra Patil And ANR v. Basvantrao Bhimrao Patil, Through Poa, Mr. Kaishalnath Shivanand Patil And ORS

wp­5697­14­(27)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5697 OF 2014 Yash Rajendra Patil & Anr.

..Petitioners Vs.

Basvantrao Bhimrao Patil & Ors.

..Respondents Mr. S. S. Shah for the Petitioners Mr. A.S. Kulkarni for the Respondent Nos.1 to 4 CORAM :

R. M. SAVANT, J.

DATE :

19th AUGUST, 2015 P.C.

The Writ Jurisdiction of this Court is invoked against the order dated 3­2­2014 passed by the Learned Civil Judge Senior Division, Solapur, by which order, the application Exhibit 103 filed by the Petitioners/Defendants for issuing witness summons to the Collector, Solapur for producing the original record in Revision Application No.1 of 2010 decided on 22­4­2010, came to be rejected. The said rejection is on the ground that the Petitioners / Defendants can produce certified copies of the same which in fact the Petitioners/Defendants had produced in the said court along with photocopies. Prior to the instant order, an order dated 28­11­2013 was passed by the Learned 4th Joint Civil Judge Junior Division, Solapur, before whom the Suit was pending at an earlier point of time permitting the Petitioners/Defendants to produce the certified copies of the said proceedings. mmj

wp­5697­14­(27) Having regard to the reasons mentioned in the impugned order, no case for interdiction in the Writ Jurisdiction of this Court is made out. The Writ Petition is accordingly dismissed.

However, the Trial Court is directed to proceed with the Suit in question and decide the same expeditiously.

[R.M.SAVANT, J] mmj