1 WP-8495.11.sxw lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8495 OF 2011 Sou.Kamal Shivaji Dhaigude and ors. : Petitioners versus Smt.Parubai Waman Dhaigude & ors. : Respondents. Mr. P K Hushing for the Petitioners. CORAM : R M SAVANT, J. DATE : 14th November 2011 P.C. 1 The above Petition takes exception to the order dated 19/9/2011 passed by the Civil Judge, Junior Division, Khandala by which order Exhibit 94 for production of documents filed by the Petitioners came to be partly allowed. The suit in question i.e. Regular Civil Suit No.5 of 2011 was at the stage of final arguments when the said application was filed. It is required to be noted that the Petitioners who are the defendants in the said suit have filed their counter claim. The said application has been rejected on the ground that except one Sammati­Patra, no other documents or its execution has been mentioned in the written statement, and it was all through out maintained by the Defendants that the Plaintiff has failed and neglected to execute the final sale deed. The Court took into consideration the fact that the written statement and counter claim, both are dated 23/02/2001 and the purported document which was sought to be produced are executed some time in the 2 WP-8495.11.sxw year 1989, 1990 and 2000 of which the Defendants were certainly having knowledge and were expected to state the relevant facts concerning thereto. However, conspicuously the facts in respect of the said documents are absent. The Court accordingly allowed the said application to the extent of allowing production of Sammati Patra in the interest of justice. The other documents were not allowed to be produced as indicated above on the ground of there being inordinate delay in seeking to produce them for which there was no explanation worth the name. 2 Having perused the reasons and considering the fact that the suit is at the stage of final arguments, in my view, the said reasons are unexceptional and do not merit interdiction in the writ jurisdiction. The above writ petition is accordingly dismissed. [R.M.SAVANT, J]