Harish S/O. Purshottam Trivedi (Dead), Thr. Lrs., Hemant Harish Trivedi v. Dhananjay S/O. Suresh Trivedi And ANR.

wp4093.25.odt 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION No.4093 OF 2025 (Harish s/o Purshottam Trivedi (dead) through his legal heir Hemant s/o Harish Trivedi Vs.Dhananjay s/o Suresh Trivedi and another ) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Ms.Rashi Gandhi, Advocate for petitioner.

CORAM : PRAFULLA S. KHUBALKAR, J.

DATE : 1 st August, 2025.

1.

Heard Mr. Rashi Gandhi, learned counsel for the petitioner. 2.

The petitioner's challenge is to the order dated 29.3.2025 passed by the Trial Court rejecting the application filed by the petitioner-plaintiff for permission to lead further evidence by examining witnesses from the City Survey Office, Office of NIT and witnesses to the Will dated 5.4.2017. It is submitted that the examination of these witnesses is necessary for deciding the actual controversy in the suit since the plaintiff has already filed on record the relevant documents, which need to be proved through evidence of these witnesses. She submits that the Trial Court has adopted a pedantic approach and only by referring to the contents of the application, the impugned order is passed.

3.

Issue notice to the respondents, returnable on 22nd August, 2025. (PRAFULLA S. KHUBALKAR, J.) Mukund Ambulkar Signed by: Ambulkar (MLA) Designation: PS To Honourable Judge Date: 01/08/2025 19:24:49