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2019 Supreme(Bom) 2326

R.G.KETKAR
Sham Ramdas Sawant – Appellant
Versus
Sushma Sham Sawant – Respondent


Advocates Appeared:
Mr. M. B. Kale i/b. Mr. P. J. Pardeshi, Advocates, for the Appellant; Mr. Manish P. Gitay, Advocate, for the Respondent

JUDGMENT

R. G. Ketkar, J. - Not on Board. At the request of Mr. Kale, taken up in the production Board.

2. Heard Mr. Kale, learned Counsel for the petitioner and Mr.Gitay, learned Counsel for the respondent at length.

3. By this Petition under Article 227 of the Constitution of India, petitioner has challenged the order dated 18.07.2018 passed by the learned District Judge-1, Khed-Rajgurunagar below exhibit-48 in Civil Miscellaneous application No.9 of 2017. The petitioner has also sought removal of statement dated 06.06.2018 of daughter Sanskruti from the record of Civil Miscellaneous Appeal No.9 of 2017, which is marked as exhibit-53.

4. By order dated 18.07.2018, the learned trial Judge rejected the application exhibit-48 made by the petitioner for marking documents produced along with list at exhibit-40 and also for his re-examination. Rule. Mr. Gitay waives service for the respondent. Having regard to the narrow controversy raised in this Petition as also at the request and by consent of the parties, Rule is made returnable forthwith and the Petition is taken up for final hearing.

5. The respondent filed Petition being Marriage Petition No.1105 of 2016 in September 2016 for div

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