1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 1514 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 1514 OF 2010 *** 1. Heard Advocate Shri P. K. Deshmukh for the Petitioner, Shri S. N. Patne, Advocate for Respondent No.1. Shri Deshmukh contends that Respondent No.1/ defendant filed an application for exhibiting documents filed by him along with list Exhibit-36 and 50 and it has been partly granted without looking into the provisions of section 83 of the Evidence Act. He is objecting to the exhibition of Award under section 11 of the Land Acquisition Act with statement in Form-E therewith and to the exhibition of copy of map. He argues that accuracy of map needs to be proved and then only exhibit number is to be given. His further contention is, as land of petitioner is not acquired by said Award, contents of said Award are not binding upon him and unless and until those contents are proved to be correct (accurate), the 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 1514 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. document cannot be exhibited. 2. Shri Patne contends that as documents are certified copies of public documents, the documents are given exhibit number and truth of what those documents state shall be independently established. 3. It is apparent that the grievance of petitioner that his land has not been acquired by these documents is yet not decided by the trial Court. According to the petitioner/ plaintiff he was not party to those proceedings. The trial Court, therefore, will have to find out whether the contents thereof are true and correct and thereafter only the documents can be used against the Petitioner/ plaintiff. 4. The act of marking exhibit to these documents as they are certified copies of public documents does not in any way prejudice the defence of present petitioner/ plaintiff in any way. 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 1514 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 5. I, therefore, find no cause of action for petitioner to approach to this Court in this matter. Petition is, therefore, rejected. [B.P.DHARMADHIKARI, J.] Dated:16/03/2011. ans/1514