Kamlesh S/O Dharamdas Punekar And ... vs Chandrashekhar S/O Sukhmandas ...
2021 Latest Caselaw 16124 Bom

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                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     NAGPUR BENCH AT NAGPUR

                                      WRIT PETITION NO. 4685/2021
                                    Kamlesh Dharamdas Punekar and anr
                                                 ...Versus...
                               Chandrashekhar Sukhmandas Punekar and others
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Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                                            Mr. D.N.Dani, Advocate for petitioners


                                                                         CORAM : AVINASH G. GHAROTE, J.

DATE : 22/11/2021

Heard Mr. Dani, learned counsel for the petitioner, who takes exception to the order passed by the learned trial Court below Exh. 179 dated 17.9.2021 and Exh. 189 dated 12.10.2021, contending that the application for production of documents and to lead additional evidence filed at the stage when the matter was fixed for judgment, ought not to have been entertained by the learned trial court, more so when the concerned document of partition dated 11.5.2000 was already on record filed by the plaintiff and which was Exhibited as Exh.91 during the course of evidence led by the plaintiff. He therefore submits that reverting the course of action was not permissible.

Issue notice to the respondents, returnable on 06.12.2021.

The petitioner to serve the respondents by all modes permissible in law including e-mail and WhatsAPP. Hamdast granted, if prayed for.

wp4685.21.odt

Considering that the matter is posted today for recording the further evidence of respondents/ defendant nos. 1 to 3, there shall be stay in terms of prayer clause (iii) till the returnable.

JUDGE

rvjalit

Digitally sign byRAJESH VASANTRAO JALIT Location:

Signing Date:22.11.2021 14:46