Dismissed

Prakashchandra Nandlal Modi, Died Thr L.Rs. Savita and Ors. v. Manish Rameshchandra Modi and Ors.

Bombay HC7 Feb 2013WP/4834/2012

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging the trial Court’s rejection of an application to call for records. The writ Court found no perversity and held that the trial Court’s reasons were valid while noting the petitioner still had liberty to place documents on record.

What did the court decide?

The writ petition was rejected.

Prakashchandra Nandlal Modi, Died Thr L.Rs. Savita and… — Property and Title | Bombay HC (2013)

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wp4834.12

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FARAD CONTINUATION SHEET NO.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD

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WRIT PETITION NO.4834 OF 2012.

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Adv. for petitioners: Mr.A.R. Syed h/f Mr.Brahme S.P.

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... CORAM : S.S. SHINDE, J. Dated: February 07, 2013 ...

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This writ petition takes exception to the order dated 14th February, 2012 thereby rejecting the application of the petitioner praying for calling record and proceedings. The learned Counsel for petitioners submits that for proper adjudication of the matter, it is necessary to call for record and by calling record, no prejudice would be caused to the respondents.

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2 Upon hearing learned counsel for the petitioners and careful perusal of the para 4 of the impugned order, this Court is satisfied by the reasons assigned by the trial Court. The trial Court has observed that the defendants want to refer to the report of Commissioner in Special Civil Suit No.21/96. The Court observed that the

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wp4834.12

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FARAD CONTINUATION SHEET NO.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD

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defendants can file certified copies of the same. The application came to be rejected.

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3 In my opinion, the view taken by the trial Court cannot be said to be perverse. No case is made out to invoke writ jurisdiction. Petition stands rejected.

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It is needless to clarify that the trial Court has granted liberty to produce on record commissioner's report. Merely because this petition is rejected, that does not mean that the petitioner's will have no liberty to place such document on record.

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(S.S. SHINDE, J.)

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PLK/*

Prakashchandra Nandlal Modi, Died Thr L.Rs. Savita and Ors. v. Manish Rameshchandra Modi and Ors.

Case brief

What is this about?

What did the court decide?

Prakashchandra Nandlal Modi, Died Thr L.Rs. Savita and Ors. v. Manish Rameshchandra Modi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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