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2019 Supreme(Bom) 2597

MANISH PITALE
Satish Janardhan Bhusari – Appellant
Versus
Ramesh Rambhau Bidkar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : G.M. Shitut.
For the Respondent: P.S. Sadavarte.

ORDER :

1. 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 18, 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. Ther

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