1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No. 5535 of 2009 ( Yogesh s/o Sohanlalji Malpani ..vs.. Dr. Manohar s/o Bapurao Pathak and another ) --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- Mr. P.A. Teni, Advocate for the petitioner, Mr. D.M. Dongaonkar, Advocate for the respondents. CORAM:- C.L. PANGARKAR, J. DATED :- 22 nd DECEMBER,2009 1. Heard. 2. This Writ Petition is preferred against the order passed by the Civil Judge whereby he rejected the application for grant of permission to examine the witnesses. The petitioner is an objector. A decree came to be passed against the judgment- debtor for eviction. The objector is brother of the said judgment- debtor and he wants to object to the execution of the decree. The said application for objection was filed on 2-7-2009. Thereafter the objector filed an application for grant of permission to lead evidence. The said application was allowed and the objector was allowed to summon the witnesses and witnesses were called. Thereafter, decree holder filed a pursis for admission of the documents. One of the witnesses did not bring the necessary documents, hence another application was filed. It 2 is, therefore, apparent that sufficient opportunity was given to the objector to tender the evidence. Further, the decree-holder has admitted the documents. In view of this, the Court has considered this aspect and has rightly rejected the application. Hence, there is no reason to interfere with the order passed by the Court below. Writ petition is dismissed. JUDGE adgokar