(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 1422 OF 2011 Balasaheb Dattoba Kanade, Age : 50 years, Occupation : Labour Contractor, R/o. Kanade Mala Nagar-Solapur Road, Ahmednagar. .. Petitioner versus Ratan Bhausaheb Kanade, Age : 55 years, Occupation : Agriculture, R/o. Kanade Mala, Nagar-Solapur Road, Ahmednagar, and 2 others. .. Respondents. ....................... Mr. R.R. Mantri, Advocate, for the petitioner. ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 3RD MARCH 2011 COURT'S ORDER : 1. Heard Adv. Mr. Mantri, appearing for the petitioner. (2) 2. The petitioner has challenged the order dated 5-2-2011, passed by learned 3rd Joint Civil Judge (Senior Division), Ahmednagar, below Exhibit 71 in Regular Civil Suit No. 353/2008. 3. At judgment stage, the petitioner / plaintiff moved application under Order XXVI Rule 10A of the Code of Civil Procedure, 1908. The trial court has rejected it. 4. Adv. Mr. Mantri, appearing for the petitioner, argues that only because of alleged late filing thereof, it could not have been rejected. 5. I am not inclined to interfere in this jurisdiction. 6. With liberty to the petitioner, to challenge the impugned order after the suit is finally decided, if occasion therefor arises, present petition is disposed of. No costs. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp1422