Ayyub Khan Sikandar Khan Pathan And Others v. State Of Maharashtra, Thr. District Collector, Yavatmal And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 2331/2024 Ayyub Khan Sikandar Khan Pathan and others Vs.

State of Maharashtra through District Collector, Yavatmal and others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Mazhar Khan, Advocate for petitioners Mr. Alap Palshikar, AGP for Respondent Nos.1 to 3, 5, 6 CORAM: N.R. BORKAR, J.

DATED : 20th JULY, 2024 This petition takes exception to the order dated 16.01.2024, passed by the Civil Judge, Senior Division, Darwha below Exh.89 in Regular Civil Suit No.77/2018.

2.

By the order impugned the learned trial Court has rejected the application filed by the petitioners / plaintiffs to examine Sub-Registrar to prove certain documents.

3.

It appears that by order dated 08.12.2023, the trial Court had refused to take the said documents on record and the petitioners had not challenged the said order.

4.

The learned counsel for the petitioners submits that permission be granted to challenge the said order dated 08.12.2023. However, it transpired during the course of hearing of the

2 23-2331-24.odt present petition that the trial Court has already posted the suit for judgment. Considering the facts and circumstances of the case, I am not inclined to interfere in the impugned order. It would be open to the petitioners to raise all the contentions in appeal, if decree adverse to the petitioners is passed.

5.

The petition is disposed of in above terms. No costs.

(N.R. BORKAR, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 30/07/2024 18:38:28