16. civil wp 7065-22.doc

R.M. AMBERKAR

(Private Secretary)

IN

IN THE

THE HIGH

HIGH COURT

COURT OF

OF JUDICATURE

JUDICATURE AT

AT BOMBAY

BOMBAY

CIVIL APPELLATE

CIVIL APPELLATE JURISDICTION

JURISDICTION

WRIT PETITION NO. 7065 OF 2022

Chaya (Pita) Ambadas Chambhar @ Waghmare

nee Chaya Vitthal Shiledar

.. Petitioner

Versus

Uddhav (Pita) Ambadas Chambhar @

Waghmare & Ors.

.. Respondents

....................



Mr. Ashok B. Tajane for Petitioner



Mr. Sarang Aradhye for Respondent No. 3



Mr. Akshar Petkar a/w Mr. Pranav Shah and Mr. Aniket Malu for

Respondent No. 7

...................

CORAM

: MILIND N. JADHAV, J.

DATE

: DECEMBER 21, 2022

P.C.

:

1.

Heard Mr. Tajane, learned Advocate for Petitioner; Mr.

Aradhye, learned Advocate for Respondent No.3 and Mr. Petkar,

learned Advocate for Respondent No. 7.

2.

Mr. Tajane, learned Advocate for Petitioner submitted that

the impugned order dated 22.04.2022 below Exh. 78 rejects the

Application filed by Plaintiff (Petitioner herein) under Order XVIII,

Rule 17 of CPC for seeking production of documents vide Exh. 73

which was allowed by the learned Trial Court. He submitted that

Plaintiff desires to cross-examine Respondent Nos. 3 and 7 who had

denied the fact of measurement of property in 2019. The certified

copies of these two documents have admittedly been produced on

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16. civil wp 7065-22.doc

record. The description of the two documents are given in paragraph

No. 2 of the impugned order in Exh. 77 and paragraph No. 2 of Exh.

78. Considering that the certified copies are already on record,

Petitioner i.e. Plaintiff shall be at liberty to take out an appropriate

Application for issuance of witness summons to the Government

Department / Officers for seeking production of the aforesaid

documents which admittedly are public documents in accordance with

the provisions of the Indian Evidence Act. In the event if any such

Application is filed by Petitioner, the same shall be dealt by the

learned Trial Court as expeditiously as possible and in any event

within a period of four weeks from the date of such Application.

Needless to state that the Petitioner shall also serve a copy of such

Application taken out by him on the Respondents.

3.

All contentions of the parties are expressly kept open in so far as

the aforementioned documents are concerned.

4.

It is clarified that the learned Trial Court shall not be influenced

by any of the observations made in the impugned order in so far as the

aforementioned two public documents are concerned.

5.

It is further clarified that document No. 1 as seen in Exh. 77 is a

substantive document of 45 pages. Hence, whatever is needed to be

annexed and marked as a public document shall be marked in

evidence by the learned Trial Court after perusing the said documents.

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16. civil wp 7065-22.doc

6.

It is clarified that all relevant pages forming part of the first

document shall be marked by the learned trial Court strictly in

accordance with law.

7.

With the above directions, Writ Petition is disposed.

[ MILIND N. JADHAV, J. ]

3 of 3

RAVINDRA

MOHAN

AMBERKAR

Digitally

signed by

RAVINDRA

MOHAN

AMBERKAR

Date:

2022.12.21

19:03:20

+0530