1 wp10464.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 10464 OF 2010 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. P.N. Kutti, Advocate for the petitioner. Mrs. V.A. Shinde, A.G.P. for respondent nos. 1 and 2. Mr. A.M. Gholap, Advocate for respondent no.3. Mr. B.S. Mundhe, Advocate for respondent no.4. 1. Heard Advocate Mr. P.N. Kutti for petitioner- plaintiff. After his examination, petitioner-plaintiff wanted respondents-defendants to produce certain documents. The suit filed by him is for declaration that plaintiff has not committed any encroachment. The trial Court has rejected his application under Order 11 Rule 14 of the Civil Procedure Code. 2. Learned counsel for the petitioner states that effective cross examination of witness for defendant can not be conducted in absence of those documents. 3. At this stage, I am not inclined to interfere in the 2 wp10464.10 Petition. The petitioner-plaintiff can very well demonstrate during cross examination prejudice caused to him and availability of those documents with Department. The trial Court can always draw a possible inference as it finds suitable. I do not find any jurisdictional error or perversity. The Petition is rejected. No costs. (B.P. DHARMADHIKARI) JUDGE. 21.01.2011 gas/wp 10464.10