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7634.20 wp sr.no.912 d-5-110221.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 7634 OF 2020.

Prabiyotsing S/o. Harvindra Sing Bindra

Age 26 years, Occ. Business,

R/o. Kranti Chowk,

Aurangabad.

..

Petitioner

[Ori. Defendant]

Versus

Shrivallabh Ramgopal Ramchandraji Darak

Age 40 years, Occ. Business,

R/o. Mr. Darak Traders,

14-15, Pranav Plaza, Opp. Aurangpura

Bhaji Market, Aurangpura,

Aurangabad.

..

Respondent

[ Ori. Plaintif]

…

Mr. Anand P. Bhandari, Advocate for Petitioner

…

CORAM :

ABHAY AHUJA, J.

ORDER RESERVED ON

: 28^th JANUARY, 2021

ORDER PRONOUNCED ON : 16^th FEBRUARY, 2021

ORDER:-

This is a petition fled under Article 227 of the

Constitution of India 1950, by the Original Defendant in Special Civil

Suit No. 280 of 2017 (the “said suit”) assailing the order dated 3rd

February 2020, passed by the 10th Joint Civil Judge (Senior Division)

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7634.20 wp sr.no.912 d-5-110221.docx

Aurangabad, allowing the application by the Original Plaintif

Respondent for framing the following additional issue:

“Whether the defendant proves that the Tax invoices, the

Delivery Challans are false, forged and fabricated

document”.