Mohan Kashiram Kadam v. Radha Mohan Kadam And ORS

41 WP 382-26.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 382 OF 2026 Mohan Kashiram Kadam ..Petitioner

Versus

Radha Mohan Kadam & Ors.

...Respondents

Mr. Mehul Rathod a/w Ms. Dhanashree Pawaskar a/w Mr. Darshan Vora i/by KVT Legal, for the petitioner. Mr. Sachindra Shetye a/w Mr. Nipun Sawane,for the Respondents.

CORAM:

N. J. JAMADAR, J.

DATE :

27th JANUARY 2026 P.C.:

1.

Heard the learned Counsel for the parties.

2.

The challenge in this petition is to an order dated 28th October, 2025 passed by the learned Judge directing the petitioner/respondent in Petition No. A-139/2023 to produce by SANTOSH SUBHASH KULKARNI Date:

2026.01.28 18:28:10 +0530 SANTOSH SUBHASH KULKARNI the documents.

3.

The impugned order reads as under:- "Perused. Heard both the learned Advocate. Respondents is directed to produce the documents called for."

4.

The order is sans reasons. The learned Judge ought to have ascribed reasons, howsoever brief, so as to test the legality and correctness of the order. Thus, the impugned order which is SAINATH 1/2

41 WP 382-26.DOC bereft of reasons, which are the soul of adjudication can not be sustained.

5.

Resultantly, the petition stands allowed.

6.

The impugned order stands quashed and set aside. 7.

The application is remitted back to the learned Judge for a fresh decision on merits after ascribing reasons. 8.

It is clarified that, this Court has not entered into the merits of the matter.

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