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UNREPORTED
IN THE HIGH COURT OF JUDICATURE AT
BOMBAY
BENCH AT AURANGABAD.
WRIT PETITION NO.10739 OF 2012.
Pralhad S/o Dnyanoba Renge,
Age 50 years, Occ.Service and
Agri.,R/o Ganesh Nagar,
Dargah Road, Parbhani. ... Petitioner.
Versus
1. Vithal S/o Dnyanoba Renge,
Age 57 years, Occ.Agril.,
2. Mohan S/o Vithalrao Renge,
Age 29 years, Occ.Agril.,
3. Satish S/o Vithalrao Renge,
Age 27 years, Occ.Agril.,
4. Dnyanoba S/o Vithalrao Renge,
Age 25 years, Occ.Agril.,
5. Salubai W/o Vithalrao Renge
(Died)
Resp. 1 to 5, R/o Jamb,
Tq. and Dist.Parbhani.
6. Pushpabai W/o Pralhad Renge,
Age 42 years, Occ.Household,
7. Vashishta S/o Pralhad Renge,
Age 24 years, Occ.Education,
8. Pravin S/o Pralhad Renge,
Age 22 years, Occ.Education,
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9. Mahesh S/o Pralhad Renge,
Age 20 years, Occ.Education,
Resp.No.6 to 9, R/o Ganesh
Nagar, Dargah Road, Parbhani. ... Respondents.
...
Mr.S.K.Chavan, advocate for the petitioner.
Mr.Patil Milind M.(Beedkar), advocate for the
Respondent Nos.1 to 4.
...
CORAM : S.V.GANGAPURWALA,J.
ig Date : 28.04.2016.
ORAL JUDGMENT
1. Heard.
2. Rule. Rule returnable forthwith. With the consent of the parties, the petition is taken up for final hearing.
3. The Respondent Nos.1 to 4 are only contesting Respondents. Mr.M.M.Patil (Beedkar), learned counsel appears for them. The present Respondent Nos.1 to 4 have filed suit for partition and separate possession. The present petitioner is the original defendant No.1. The defendant No.1 during the pendency of the suit ::: Uploaded on - 29/04/2016 ::: Downloaded on - 30/07/2016 00:10:11 ::: 3 filed an application for issuing witness summons to the Sub-Registrar, Parbhani, to remain present along with index Register, so as to prove the sale deed bearing No.1483/96. According to the learned counsel for the petitioner, initially the application was allowed. The witness summons was issued to the Sub-Registrar but he did not bring any document with him. As such application Exh.101 was given. The same is rejected on the ground that the application is vague and the details of documents are not given. The learned counsel submits that vide earlier application bearing Exh.96 details of documents to be proved was already stated.
4. Mr.Patil, learned counsel for the plaintiffs submits that petitioner is trying to protract the matter. The application Exh.101 was vague and did not contain the details of the document required to be proved by the Sub-
Registrar.
5. I have considered the submissions.
Perusal of application Exh.101, it is manifest ::: Uploaded on - 29/04/2016 ::: Downloaded on - 30/07/2016 00:10:11 ::: 4 that the said application is bereft of any details. It appears that subsequently one more application Exh.104 was given. The same was also vague. It refers to the sale deed bearing No.1483/98 but the said application further states that along with some other relevant documents, no details of the other relevant documents were given.
6. Even vide application Exh.96, which is allowed, the witness summons to the Sub-Registrar was issued to remain present along with index Register relating to the registered sale deed bearing No.1483/96. The parties are required to be given opportunity to prove the document. It is stated that the document is on record and the same is to be proved by calling Sub-Registrar and the index Register.
7. In light of the above, I pass the following order :
a) The impugned order is quashed and set aside. The applications Exhs.101 and 104 are ::: Uploaded on - 29/04/2016 ::: Downloaded on - 30/07/2016 00:10:11 ::: 5 allowed to the extent that witness summons be issued to the Sub-Registrar, Parbhani to remain present along with index regarding sale deed bearing serial No.1483/96. To that extent the applications are allowed.
b) Considering the fact that the suit is of 2007 and the same was stayed for four years, so also the fact that the evidence of plaintiff is concluded and the evidence of defendant is in progress, the trial Court shall endeavour to dispose of the suit expeditiously, preferably within eight (8) months.
c) Rule made absolute in above terms. No costs.
Sd/-
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