Shantabai Wd/O Dewaji Nare And ... vs Ramaji S/O Chindhba Warshe And ...
2022 Latest Caselaw 8064 Bom

                                                          1                               921.WP.4772-2022.odt




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

                            WRIT PETITION NO. 4772 OF 2022
                           ( Shantabai wd/o Dewaji Nare & Anr.
                                           Vs.
                           Ramaji s/o Chindhba Warshe & Anr. )

Office Notes, Office Memoranda                           Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. A.V. Muley, Advocate for the Petitioners.



                                  CORAM:         AVINASH G. GHAROTE, J.

DATED : 19th AUGUST, 2022.

Heard Mr. Muley, learned counsel for the petitioners.

2. The petition challenges the order dated 14.07.2022, whereby the learned trial Court has rejected the application filed by the petitioners ordering defendant Nos. 1 and 2 under Order XI Rule 14 of the Code of Civil Procedure, for direction to the plaintiffs to produce the sale deed of the year 1969, under which the plaintiffs claimed to have acquired title to the land admeasuring 1.20 A.G. of Kh.No. 91/101/2(Kh) from the defendant No. 1, as is spelt out from the plaint averment in para 5 (page 10). The execution and registration of this document has been specifically denied by the defendant No.1/petitioner in his written statement (para 22 page 35), in pursuance to which, the application under Order XI Rule 14 of the Code of Civil Procedure, 2 921.WP.4772-2022.odt

came to be filed (page 38). The application was opposed by the plaintiffs/respondents by filing their say (page 39) contending that the sale deed is clearly mentioned in the revenue record of 1969, which can be ascertained from the perusal of the Adhikar Abhilekh Panji and the matter already stood decided in RCS No. 170/2005 on 11.07.2007, which the copy of the judgment can be referred. It is contended, that RCS No.170/2005 was a suit for partition filed by the present petitioners in which there is no mention of the sale deed of the year 1969. It is further contended, that since the defendant No.1/petitioner No.1 was claiming title on the basis of a sale deed, it was necessary for the Court to have directed its production as the document went to the very root of the matter.

3. Issue notice to the respondents for final disposal of the matter at the stage of admission itself, returnable on 29.08.2022.

4. The petitioners to serve the respondents by all modes permissible in law.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:19.08.2022 20:21