1 wp-8416.11.sxw lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8416 OF 2011 Shri Dattu Tukaram Malunjakar and ors. : Petitioners versus Shri Tanaji Tukaram Malunjakar and ors. : Respondents. Mr. Rahul D Motkari for the Petitioners. CORAM : R M SAVANT, J. DATE : 25th November 2011 P.C. 1 The above Petition takes exception to the order dated 24/06/2011 passed by the Joint Civil Judge, Junior Division, Igatpuri by which order the application of the Petitioners for filing Additional Affidavit of Evidence of Defendant No.4 so as to prove the documents which are sought to be produced by the Defendant No.4 in Regular civil Suit No.84 of 2001 came to be rejected. 2 It is required to noted that the evidence of the Defendant No.4 has been completed so also of his next witness. It is only thereafter that the said application came to be filed. The justification sought to be given is that the advocate of the Petitioners i.e. the Defendant No.4 through inadvertence did not take step to prove the said documents. 2 wp-8416.11.sxw 3 The trial Court considering the fact that the evidence of the Defendant No.4 has been complete so also of his next witness, rejected the said application. However, the trial Court has observed that the Defendant No.4 can get the said documents proved through other witnesses who are yet to be examined on behalf of the Defendant. 4 Having regard to the conspectus of facts mentioned in the impugned order, no exception can be taken to the impugned order. In that view of the matter, no case for interdiction is made out. The above Petition is accordingly dismissed. [R.M.SAVANT, J]