Shri. Bajirao Shankar Kamble And ORS. v. Shri. Pandurang Ganu Medhe And ANR.

(911)-WP-1741-17.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.03.17 09:52:28 +0530 BALAJI GOVINDRAO PANCHAL WRIT PETITION NO.1741 OF 2017 Shri. Bajirao Shankar Kamble and Ors.

..Petitioners

Versus

Shri. Pandurang Ganu Medhe and Anr.

..Respondents Mr. Kush M. Lahankar i/by Shrikrishna R. Ganbavale, for the Petitioners. CORAM : NITIN W. SAMBRE, J.

DATE : 16th MARCH, 2022 P.C.

1.

Though served none appears for the respondents. 2.

Since the petitioners/plaintiffs were permitted to produce the document vide order dated 21st July, 2016 passed by the Trial Court which has attained finality, as the same is not questioned by the respondents, in my opinion, the order impugned passed below Exhs.11 and 12 on 12th July, 2016 is not sustainable as the said document becomes part of the record of the Trial Court. Since the document becomes part of the record of the Trial Court, it is expected of the Appellate Court to consider the same while deciding Civil Appeal No.270 of 2015 on its own merit as the respondents/defendants will get opportunity to examine on the said issue.

3.

The petition as such stands allowed.

[NITIN W. SAMBRE, J.] BGP.