1 WP 1227.2010 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1227 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. P.V.Barde, Advocate holding for Mr. M.A.Kandharkar, Advocate for the Petitioner. Mr. Phatne, Advocate for Resp. No. 1. ............................ CORAM : S.V. GANGAPURWALA, J. DATE : 10/08/2011 PER COURT : 1. Heard Mr. P.V. Barde, the learned counsel for the petitioner and Mr. Phatne, learned counsel for respondent no. 1. 2. The petitioner impugns the order passed by the trial Court, thereby rejecting the application to call record and proceedings from the office of Dy. Director of land records. 3. Mr. Barde, the learned counsel contends that the said documents are relevant and necessary for the effective adjudication of the dispute. The delay in filing the application would not be relevant 2 WP 1227.2010 when the said documents are essential for the effective adjudication of the dispute. 4. The learned counsel for the respondent no. 1 supports the order passed and states that the Court has rightly rejected the said application. 5. The application [ Exh. 111 ] was filed by the plaintiff even after the final arguments were over and the Suit was fixed for final decision and pronouncement of the Judgment. 6. In view of the Judgment of the Apex Court in case of Arjunsingh V/s Mohinder Kumar reported in AIR 1964 – SC – 993, in which it is held that once the Suit is reserved for Judgment, the same can not be reverted back, the application [ Exh. 111 ] can not be considered. 7. Mr. Barde, the learned counsel states that he may be given liberty to challenge the said order in case the petitioner is required to file Appeal in the event the Suit is dismissed. 8. There is no restriction on the petitioner to challenge the order as are permissible in law invoking the jurisdiction U/s 105 of the Code of Civil Procedure. No separate liberty/permission is 3 WP 1227.2010 necessary. 9. The Writ Petition is accordingly dismissed. No costs. [ S.V. GANGAPURWALA,J. ] KNP/WP 1227.2010