Om-Prakash S/O Shankarrao ... vs Bhaurao S/O Chintaman Armarkar
2022 Latest Caselaw 8769 Bom

                                                     1/2                      56-WP 4636.2022

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

                    WRIT PETITION NO. 4636 OF 2022
            Dr. Om-Prakash s/o. Shankarrao Sajjanwar and another
                                     vs.
                      Bhaurao s/o Chintaman Armarkar
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Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.

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Mr. S. P. Kshirsagar, Advocate for petitioners. Mr. Omkar Ghare, Advocate for respondent.

                                        CORAM :             MANISH PITALE J.
                                        DATE         :      05/09/2022

Heard learned counsel for the parties.

2. The learned counsel appearing for the respondent has relied upon Sections 40 to 43 and Section 145 of the Indian Evidence Act, 1872 to support the impugned order passed by the Court below.

3. On the other hand, the learned counsel for the petitioners submits that in terms of the settled position of law, no part of the proceedings including evidence recorded in the earlier suit filed by the petitioners could be looked into or referred in the suit filed by the respondent for possession. This

KOLHE 2/2 56-WP 4636.2022

argument is specifically made in the context of the judgment and order dated 11/11/2019 passed by this Court in Second Appeal No. 05 of 2009.

4. Since an interesting question of law arises in the present petition, this Court expects from the learned counsel for the parties to place on record all relevant documents and judgments upon which they wish to rely, in order to assist this Court in finally deciding the present writ petition.

5. The additional documents and the judgments upon which the counsel wish to rely upon shall be placed before this Court within two weeks from today.

6. List this petition for final disposal on 22/09/2022.

JUDGE

Digitally signed byRAVIKANT CHANDRAKANT KOLHE Signing Date:06.09.2022 18:55

KOLHE