(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 2156 OF 2011 Deelip s/o. Kashinath Kshirsagar, Age : 45 years, Occupation : Agriculturist, R/o. Ekrukhe, Taluka : Rahata, .. Petitioner District : Ahmednagar (Original defendant) versus Dinesh s/o. Venunath Kshirsagar, Age : 31 years, Occupation : Agriculture, R/o. Ekrukhe, Taluka : Rahata, District : Ahmednagar, .. Respondents and 4 others. (Original plaintffs) ....................... Mr. S.P. Chapalgaonkar, Advocate, for the petitioner. ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 23RD MARCH 2011 (2) COURT'S ORDER : 1. Heard Adv. Mr. S.P. Chapalgaonkar, for the petitioner. 2. The petitioner has challenged the order dated 22-12-2010, passed by the learned Joint Civil Judge (Junior Division), Rahata, below Exhibit 16 in Regular Civil Suit No. 262/2010. 3. Application of the petitioner / defendant filed under Order XXVI Rule 9 of the Code of Civil Procedure, 1908, is rejected by the trial court after observing that measurement earlier conducted during pendency of Regular Civil Suit No. 520/2004 is available. 4. According to Adv. Mr. Chapalgaonkar, that suit filed by the present petitioner was dismissed on technical grounds and Regular Civil Appeal against it, is still pending. He states that because of apprehension of the petitioner, that in case of dismissal of that appeal, measurement may not be relied upon, application came to be filed. 5. I find that the apprehension is misconceived. (3) Document validly exhibited can be looked into in subsequent suit in accordance with law and here, the respondent / plaintiff appears to have brought that earlier measurement on record. 6. I, therefore, do not see any prejudice caused to the petitioner at this stage. In view of this, I am not inclined to interfere. 7. With liberty to the petitioner to approach again, in case the petitioner notices any prejudice to him, the petition is disposed of. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp2156