Shri Piraji Rajaram Patil v. Shri Santosh Rangrao Gaikwad

wp­7958­15­(14)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7958 OF 2015 Piraji Rajaram Patil ..Petitioner Vs.

Santosh Rangrao Gaikwad ..Respondent Mr. Prasad Kulkarni i/b Mr. Anant Vadgaonkar for the Petitioner CORAM :

R. M. SAVANT, J.

DATE :

27th OCTOBER, 2015 P.C.

The order dated 7­3­2015 passed by the Learned Joint Civil Judge Junior Division, Palus, by which order, the application Exhibit 75 to exhibit the document produced with list Exhibit 43/3 came to be rejected. The said document is a document which was in the custody of the Bank in question and was produced through DW­2 who was the witness from the Bank. The Trial Court has rejected the instant application Exhibit 75 on the ground that it is the case of the Defendant that he is acquainted with the signature of the Plaintiff and it is not his case that he has seen the Plaintiff executing the document. The Trial Court therefore held that the said document could not be executed in the absence of the same being proved in accordance with law. The Trial Court has further granted liberty to the Defendants to adopt appropriate course to get the document proved. mmj

wp­7958­15­(14) In my view, having regard to the aforesaid facts, no case for interference in the Writ Jurisdiction of this Court is made out. The Writ Petition is accordingly dismissed.

[R.M.SAVANT, J] mmj