Ashwin Prabhakar Shejul And Another v. Prabhakar Gopalrao Shejul

2026:BHC-AUG:10699 (1) 944-wp-2599-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2599 OF 2026 ASHWIN PRABHAKAR SHEJUL AND ANOTHER

VERSUS

PRABHAKAR GOPALRAO SHEJUL ...

Mr. Avinash R. Borulkar, Advocate for the Petitioners ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 10th MARCH, 2026.

P.C.:- 1.

The petitioners approach this Court with following prayer: "C.

By issuing writ of certiorari or any other appropriate writ order or direction in the nature of writ, kindly quash and set aside the impugned order dated 09.01.2026 passed by the learned Civil Judge Junior Division, Aurangabad on application below Exh.27 in Regular Civil Suit No.315/2023 and consequently the application below Exh.27 may kindly be allowed."

2.

The respondent filed Regular Civil Suit No.315/2023 before Civil Judge Junior Division at Aurangabad seeking relief of eviction of petitioners from house and perpetual injunction. 3.

It appears that, petitioner no.1 and respondent are son and father by relation. The evidence of plaintiff is commenced. The plaintiff has tendered his affidavit alongwith documents. At this stage, petitioners/defendants filed application seeking direction against plaintiff to provide copies of document appended to evidence affidavit and sough adjournment. Initially, Trial Court granted adjournment. On second date, similar prayer was

(2) 944-wp-2599-2026.odt repeated. The Trial Court directed petitioners to proceed with cross-examination.

4.

Mr. Borulkar, learned Advocate appearing for Petitioners, raises grievance that unless documents appended to affidavit-inchief are made available to petitioners, it is difficult for them to proceed with cross-examination. However, Trial Court is not giving importance to aforesaid prayer.

5.

Considering submissions advanced, present Writ Petition can be disposed of by giving innocuous direction. Hence, following order:

ORDER

a.

Writ Petition stands disposed of.

b.

The Trial Court shall ensure that petitioners are supplied with copies of documents relied upon by defendant and only thereafter insist upon petitioners to proceed with crossexamination of plaintiff. (S. G. CHAPALGAONKAR) JUDGE Devendra/March-2026