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2019 Supreme(Bom) 2349

MANISH PITALE
Satish Janardhan Bhusari, Proprietor Of M/s S. S. Construction – Appellant
Versus
Ramesh – Respondent


Advocates Appeared:
Mr. G.M. Shitut, Counsel, for the Appellant; Mr. P.S. Sadavarte, Counsel, for the Respondent

JUDGMENT

Manish Pitale, J. - Rule. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel for the parties. By this Writ Petition, the petitioner has challenged order dated 19.07.2016, passed by the Court of Joint Civil Judge, Senior Division, Nagpur, in Special Civil Suit No.445 of 2011, below Exhibit 74, whereby the documents sought to be placed on record by respondent no.1 (original plaintiff), were marked as exhibits and admitted in evidence. The petitioner (original defendant no.1) has also challenged order dated 18.10.2016, whereby an application for review filed by the petitioner was rejected.

2. The respondent no.1 (original plaintiff) filed a suit for specific performance against the petitioner and other defendants. On 17.06.2016, the respondent no.1 filed his affidavit in lieu of evidence under Order XVIII, Rule 4 of the Code of Civil Procedure, 1908 (CPC). By order dated 17.06.2016, the trial Court recorded that the plaintiff (respondent no.1 herein) was expected to give formal proof of the documents and the affidavit in evidence was taken on record. Thereafter, the suit was listed before the trial Court on 12.07.2016, but it was adjourned. T

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