Anand Balku Karande And ANR v. Shamshuddin Maqbul Mulla And ORS

34. WP-722-2022.doc BDP-SPS-TAC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 722 OF 2022 BHARAT DASHARATH PANDIT Date: 2022.03.17 13:30:44 +0530 ANAND BALKU KARANDE AND ANR

...Petitioners.

V/s SHAMSHUDDIN MAQBUL MULLA AND ORS

...Respondents.

Mr. Nikhil N. Pawar for the Petitioners.

Mr. Aditya Desai for Respondent Nos. 1 to 5.

Mr. P.P. Pujari, AGP for Respondent No.15.

CORAM: NITIN W. SAMBRE, J.

DATE: MARCH 15, 2022 P.C.:- 1] As fact that Certificate under Section 65-B of the Evidence Act was not produced by the witness photographer was within the knowledge of the Petitioner on December 20, 2017, no fault could be noticed in the impugned order as the Petitioners' attempt is to cover the lacuna that too after suit has advanced at much critical stage i.e. arguments of Defendants' Advocate are informed to have been over. 2] That being so, no case for interference in extraordinary jurisdiction is made out. Petition as such fails and same stands dismissed.

( NITIN W. SAMBRE, J. ) 1/1