: 1 : 8158-11-wp=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8158 OF 2011 Raghunath Shankar Kelkar & Ors. .. Petitioners v/s. Shivaji Waman Dorage & Ors. .. Respondents ......... Mr. Rajesh S. Patil for the petitioners ......... CORAM : R.Y.GANOO, J DATE : 12th OCTOBER,2011. P.C. : 1. Heard learned advocate for the petitioners who are plaintiff in S.C. Suit No.140 of 2011 in the Court of learned Civil Judge, Senior Division, Baramati. The petitioners filed an application below Exh.5. Written statement and say was filed by the defendants to the said Exh.5 application. The matter was on 3rd September, 2011. On that day defendants sought permission to produce few documents. That permission was granted by impugned order dated 3rd September, 2011. Being : 2 : 8158-11-wp=.sxw aggrieved by this order, the petitioners have moved this Court. 2. The argument was advanced by learned advocate for the petitioners that once the respondents have filed their say it was not open for the respondents to file some more documents. According to the learned advocate Mr. Patil it was not permissible for the learned Judge to allow those documents to be taken on record. I have considered the submissions. Though the submission is academically correct, it appears that learned Judge appears to have thought that if the application was to be rejected, it would have resulted in violation of principles of natural justice. It is certain that if the documents have now been taken on record, petitioners must get a chance to file their say / rejoinder to the said documents so that petitioners will be able to press his prayers for injunction. It is in these circumstances, I am not inclined to interfere in the impugned order. Hence, following order is passed. ORDER (i) No interference is required in the impugned order dated 3rd September, 2011. The petitioners are free to file their say on these documents. The say, if any, shall be filed by the petitioners on or before 9th November, 2011. : 3 : 8158-11-wp=.sxw (ii) Learned Civil Judge, Senior Division, Baramati shall hear and dispose of the application below Exh.5 as early as possible and preferably by 30th November, 2011. There shall be no order as to costs. (R.Y.GANOO, J.)