SHRI SATISH RAMDASPANT BHAMBURKAR Vs. PRAMOD S/O. RAMDASPANT BHAMBURKAR & ORS.
LAWS(BOM)-2017-9-42
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on September 07,2017

Shri Satish Ramdaspant Bhamburkar Appellant
VERSUS
Pramod S/O. Ramdaspant Bhamburkar And Ors. Respondents

JUDGEMENT

S.C.GUPTE, j. - (1.) Heard learned counsel for the petitioner.
(2.) The present petition challenges orders passed by Joint Civil Judge Junior Division, Anjangaon on 8th July, 2015 and 7th July, 2017 permitting respondent No.1 (original plaintiff) to adduce secondary evidence of a partition deed and taking on record a xerox copy thereof as an exhibit.
(3.) The suit is for (i) declaration that an alleged will set up by the petitioner (Original defendant No.1) is sham and bogus and (ii) perpetual injunction restraining the defendants from creating third party interest in the suit property on the basis of the alleged will. By an application for amendment, the plaintiff introduced a plea in his plaint that the suit property was partitioned between the parties by a deed executed on 21st May, 2011. This amendment has been accepted by defendant No.1 and has since become final. It is the plaintiff's case that this partition deed is in possession of defendant No.1 and refused to be produced by him despite notice to produce it. The plaintiff, in the premises, applied for leave to produce secondary evidence of the partition deed. That application was allowed by the trial Court by its order dated 8th July, 2015. When a xerox copy of the partition deed was sought to be produced in pursuance of this order, an objection was raised by defendant No.1 to the marking of the xerox copy. That objection was overruled by the trial Court by its order dated 7th July, 2017 and the xerox copy of the partition deed was exhibited as a document. Both these orders are challenged in the present petition. ;


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