Chitra Anurag Chaudhary And ANR v. Namdeo Narayan Phatak And ORS

Digitally signed by PRASHANT VILAS RANE Date:

2025.03.15 16:20:49 +0530 PRASHANT VILAS RANE 910.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION. 2764 OF 2025 Chitra Anurag Chaudhary & Anr.

...Petitioner

VS Namdeo Narayan Phatak & Ors.

..Respondents __________ Mr. Swarendra Chatterjee with Mr. Wasim Beg, Ms Chaula Solanki, Mr. Shailesh Korpe, Ms. Jagriti Vij, Rinky Jadhav, for Petitioner. Ms. J. S. Kapre, AGP for the State.

_______ CORAM :

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE :

13 March 2025 P.C.:

1.

We have perused the report of the learned Incharge Principal District Judge as forwarded to the Registrar (Judicial - I) vide letter dated 7 March 2025. It appears that the proceedings of Special Civil Suit No.2168 of 2008 are not being found in the office of the learned Civil Judge, Senior Division and the search was being conducted till 7 p.m. on 7 March 2025. Learned Incharge Principal District Judge has accordingly sought further extension of time of 15 days to enquire into the issue and submit a report and an appropriate action to be taken. 2.

We accordingly list the proceedings on 26 March 2025, awaiting the further report from the Inchage Principal District Judge, Pune 3.

However, such loss of record of the original proceedings cannot P. V. Rane

910.odt delay the adjudication of the Regular Civil Appeal No.558 of 2015. Accordingly, we permit the petitioner to file a private paper-book with a copy to be furnished to the other side and on consensus on such paperbook being reached, the learned District Judge-14 and Additional Sessions Judge, Pune, shall proceed to adjudicate the Regular Civil Appeal No.100558 of 2015.

4.

This order be placed before the learned Incharge Principal District and Sessions Judge, Pune, so that private paper book by consent of the parties can be taken on record and the matter can be proceeded for adjudication. Learned District Judge-14 is also directed to make a search in the Registry of the District Court whether in view of the pendency of the appeal in question, the papers are received by the Registry of the District Court and misplaced, as also simultaneously let a search be also undertaken in the office of the learned Civil Judge, Junior Division, so that once the reports are received from both the said offices, the learned Principal District Judge takes further appropriate action. 5.

Accordingly, list the matter on 26 March 2025. [ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.] P. V. Rane