Manik S/O Dau Korku v. Sonibai Wd/O Rupa Korku (Died) And Another

2024:BHC-NAG:2932 1 60.WP.547-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 547 OF 2024 ( Manik S/o Dau Korku Vs.

Smt. Sonibai Wd/o Rupa Korku (Died) & Anr. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mrs. S.W. Deshpande, Advocate for the Petitioner. Mr. R.D. Karode, Advocate a/w Mr. Nitin Giri, Advocate for the Respondent No.2.

CORAM: BHARAT P. DESHPANDE, J.

DATED : 8th MARCH, 2024 Heard.

2.

The present petition is filed challenging the order dated 04.10.2023 passed by the learned Trial Court, whereby the application for calling of the record from the Maharashtra Revenue Tribunal and that too cross-examination of the defendant, is rejected.

3.

The impugned order passed below Exh. 82 clearly revealed that the plaintiff after a gap of around 12 years and that too at the time of evidence, is asking for calling of the record on the ground that the certified copies would take certain time. The learned Trial Court, has rightly considered that such record cannot be called which is of different authority. If the petitioner is desirous of producing such

2 60.WP.547-2024.odt record which is from the public office, the same could be proved by way of certified copies. Such finding of the learned Trial Court is perfectly justified and needs no interference. 4.

Accordingly, there is no merit in the present petition, the same is dismissed. No costs.

5.

Pending application/s, if any, stand disposed of accordingly.

(BHARAT P. DESHPANDE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 11/03/2024 14:41:03