1 WP 4505.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4505 OF 2011 Shri Dyaneshwar Trimbak Patil, Age : 33 Years, Occu. : Presently nil, Residing at : At Post Mondhale, Tq. Parola, Dist. Jalgaon. .. Petitioner Versus 1. Sau Shobha @ Nisha Dnyaneshwar Patil, Age : 30 Years, Occu. : Self Employed, 2. Pawan Dnyaneshwar Patil, Age : 7 Years, Occu. : Education, Since Minor hence presently through His Natural Guardian mother respondent No. 1 Sau Shobha @ Nisha Dnyaneshwar Patil, Age : 30 Years, Occu. : Self Employed, Both Presently Residing at C/o Shivaji Punju Patil, 89, Jai Malhar Nagar, Near Vedumata Temple, Sakri Road, Dhule. .. Respondents Shri P. V. Barde, Advocate h/f Shri Mukul S. Kulkarni, Advocate for the Petitioner. CORAM : S. V. GANGAPURWALA, J. DATE : 23RD SEPTEMBER, 2011. 2 WP 4505.11 ORAL JUDGMENT : . Rule. Rule returnable forthwith. 2. This Court on 27th June, 2011 had issued notice to the respondents with intimation that the matter would be decided finally at the stage of admission. Though the respondents are served none appears for them. 3. Heard Shri Barde, the learned counsel holding for Shri Kulkarni, the learned counsel for the petitioner. The grievance made in the present petition is that document styled as "Vatani Patrak" is ordered to be exhibited, though the production of said document is not allowed. Unless and until production of said document is allowed, the document cannot be said to have been tendered in the evidence, inter alia cannot be exhibited. The Court has to follow the procedure as laid down U/O 13 of the Code of Civil Procedure while exhibiting the document. Unless the production of the said document is allowed the said document would not form the part of the proceedings. 4. In the light of the above the impugned order passed below Exhibit 40 is quashed and set aside. 3 WP 4505.11 5. The Trial Court may consider to exhibit the said document styled as "Vatani Patrak", in case the production of the said document is allowed and the said document is proved as per law. Rule is accordingly made absolute in above terms, however, with no order as to costs. Sd/- [ S. V. GANGAPURWALA, J. ] bsb/Sept. 11