Shantigiri Alias Babu Kandekar And ORS v. Shri Sant Sadguru Janardhan Swami (Maungiri) Maharaj, Sansakarit Shri Rudhyeshwar Ma.. Thr Trustee

8-WP19222-2024.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 19222 OF 2024 Shantigiri @ Babu Kandekar and ors.

...Petitioners

Versus

Sant Sadguru Janardhan Swami (Maungiri) Maharaj Sanskarit Shri Rudhyeshwar Mahadev Trust and ors.

...Respondents

SANTOSH SUBHASH KULKARNI SANTOSH SUBHASH KULKARNI Date: 2025.04.05 13:17:55 +0530 Ms. Rukmini Khairnar, i/b Pramod Joshi, for the Petitioners.

CORAM:

N. J. JAMADAR, J.

DATED:

3rd APRIL, 2025 PC:- 1.

Heard the learned Counsel for the petitioners. 2.

The challenge in this petition is to an order dated 16th October, 2024 passed by the learned Civil Judge, Senior Division, Nashik, whereby an application preferred by the petitioner to expunge the evidence of defendant No.6 from the record of the Court purportedly on the premise that defendant No.6 was cross-examined by the plaintiff beyond his pleadings, came to be rejected.

3.

I have perused the said portion of the crossexamination of defendant No.6. The plaintiff has elicited certain admissions in the cross-examination which, in fact, pertain to the matters of fact. It defies comprehension as to 1/2

8-WP19222-2024.DOC why the admissions, so elicited, are required to be expunged. The application before the trial court was wholly misconceived.

4.

The petition is equally misconceived and frivolous, and, thus, stands dismissed.

[N. J. JAMADAR, J.] 2/2