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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.6806 OF 2021

Suresh Sunder Kamble

..

Petitioner

Vs.

Subhash Sunder Kamble & Ors.

..

Respondents

…

Mr. Abhishek L. Tripathi for the petitioner.

Mr. S.K. Dubey for respondent No.1.

Ms. Dhruvika B. i/b M/s. Legal Vision for respondent No.4.

…

CORAM

: SMT. BHARATI DANGRE, J.

DATED

: 25^TH OCTOBER, 2021.

P.C:-

1.

The petitioner before this court is aggrieved by an

innocuous order passed by learned Judge of the Bombay City

Civil Court in S.C. Suit No.2213 of 2018.

2.

On 19/03/2021, when the plaintiff without seeking leave of

the court tendered an affidavit of evidence of PW-1, the learned

Judge passed an order stating that on an earlier occasion,

AJN

JAYARAJAN

ANJAKULATH

NAIR

Digitally signed by

JAYARAJAN

ANJAKULATH NAIR

Date: 2021.10.28

14:08:25 +0530

2/2 38 WP-6806.21.odt

plaintiff has filed pursis that they will not lead the evidence in

contempt notice of motion. In spite of the same, the plaintiff,

without seeking the leave of the court, tendered the affidavit of

evidence and this was recorded to be an attempt to mislead the

court. What the court, therefore, observed was that in the

absence of the permission to lead the evidence, the evidence of

the plaintiff for contempt cannot be considered.

3.

The course available to the petitioner is to seek leave of the

court to tender the affidavit evidence, which for reasons better

known to the plaintiff, is not followed. The impugned order

calls for no interference. Needless to state that the petitioner is

at liberty to take out an application seeking leave of the court

and it is for the learned Judge to permit such an affidavit being

tendered in spite of the pursis being filed.

4.

The writ petition is disposed of.

[SMT. BHARATI DANGRE, J.]

AJN