Single judge disposed of a writ petition where the petitioner protested the non-consideration of a prayer for liberty to produce evidence. The court directed the petitioner to approach the lower court and reserved decision.
Petitioner directed to approach the lower court regarding the liberty to produce evidence.
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1
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1302 OF 2009
Prabhu Gurupadappa Moge ..Petitioner.
V/s.
Kalappa R. Moge & ors. ..Respondents.
Mr.Surel S. Shah for petitioner.
CORAM: A.M.KHANWILKAR,J
DATE : FEBRUARY 11, 2009.
P.C. :
1. Grievance of the Petitioner is that although
the lower Court has permitted production of some of
the documents, has not considered the first part of
relief 3(a), wherein the Petitioner has prayed for
liberty to produce evidence to prove the documents.
2. It will be open to the Petitioner to apply to
the same Court and bring to its notice this aspect of
the matter, which may be considered by the Appellate
Court on its own merits in accordance with the law.
3. Petition disposed of accordingly.
(A.M.KHANWILKAR,J)
1 issue framed by the court
Whether the appellate court should consider the petitioner's grievance regarding liberty to produce evidence.
Prabhu Gurupadappa Moge
Kalappa R. Moge
A.M.KHANWILKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court