Shalanbai Shankarrao Dhumal v. Vijay Ramchandra Dhumal And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1869 OF 2024 Shalinibai Shankarrao Dhumal ... Petitioner vs.

Vijay Ramcchandra Dhumal and Ors.

... Respondents ***** Mr. Sachin Khandagale :- Advocate for Petitioner.

Mr. Heramb Kadam a/w. Ms.

Samiksha S. Mane :- Advocates for Respondents No.1 to 4.

***** CORAM : S. M. MODAK, J.

DATE : 18th DECEMBER 2024 P. C. :- 1.

Today the Writ Petition is kept for compliance of the directions given in the order dated 4th December 2024. Both the learned Advocates submitted that they have prepared compilation of documents. Let them exchange the compilation with each other. They are at liberty to file compilation in the office so that paging can be done.

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2.

Both of them vouch that their respective compilation consists of all the documents which they individually have filed before the trial Court and appellate Court. Court believes them. If during hearing it is found that any document is missing and if the parties want to refer it, Court will impose a cost of atleast Rs.5,000/- (Rupees Five Thousand). Again they may verify their compilation. If shortcoming is there they can rectify it till next date.

3.

It is submitted on behalf of the petitioner that after the decision is pronounced by both the Courts below, both the parties have filed additional documents before the trial Court. Admittedly those documents were not there before the trial Court at the time of decision on Exhibit No.5. If the petitioner wants this Court to consider those documents, they are at liberty to take appropriate steps and if taken it will be considered on merit.

4.

Learned Advocate for respondents have submitted that this Court has granted ad interim relief even though the petitioner has failed before two Courts below. Be that as it may, Writ Petition can be heard only when these compliances will be over. 2/3

5.

If this Court feels that the petitioner is unnecessarily prolonging the hearing at that time the respondents may request the Court for vacating that order.

6.

Stand over to 14th January 2025 'for directions'. [S. M. MODAK, J.] by KISHOR VISHNU KAMBLE Date:

2025.01.10 11:35:23 +0530 KISHOR VISHNU KAMBLE 3/3