Bombay High Court

MADHUKAR VIKRAM KALAL.versusCHANDULAL RAMDAS GURAV.

Disposal: DISPOSED OFF
Bench: ARUN R PEDNEKER

Holding

The trial court did not err; the writ petition is dismissed.

Summary

Madhukar Vikram Kalal filed a writ petition challenging the orders of the Civil Judge, Junior Division, Talode, which rejected his applications for an adjournment and for a summons to the Registrar of Nandurbar to produce the original sale deed in Civil Suit No. 17/1988. The trial court held the suit was already old, issues were framed and the petitioner could have obtained the deed, and it also rejected the summons because no original application for a certified copy had been produced. The High Court examined whether there was any error in those findings. Finding that the petitioner had ample time to obtain the deed and that the trial court’s reasoning was sound, the Court held there was no error. Consequently, the writ petition was dismissed.

Issues considered

Whether the trial court erred in rejecting the petitioner's application for adjournment in the pending civil suit
Whether the trial court erred in refusing to issue a summons to the Registrar for production of the original sale deed

Subjects

writ petition
civil procedure
adjournment
production of documents
stay of suit

Judgment

2026:BHC-AUG:9957

                                                                           WP 2883/1997
                                                    1

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                 31 WRIT PETITION NO. 2883 OF 1997

                                       MADHUKAR VIKRAM KALAL.
                                                  VERSUS
                                      CHANDULAL RAMDAS GURAV.
                                                      ...
                   Advocate for the Petitioner : Mr. Girish Rane h/f. Mr. C.R. Deshpande
                        Advocate for Respondents 1A, 1C & 1D : Mr. R.D. Sanap
                                                      ...

                                    CORAM        : ARUN R. PEDNEKER, J.
                                    Dated        : March 09, 2026

              PER COURT :-

              1.      Heard.

              2.      By way of present writ petition, the petitioner impugns the orders

              dated 28.10.1994 passed by the learned Civil Judge, Junior Division,

              Talode, Dist. Dhule, rejecting the application Exh. 62 filed by the

              petitioner for adjournment and application Exh. 63 filed by the petitioner

              for issuing summons to Registrar, Nandurbar Division, Nandurbar to

              produce the original sale deed in Regular Civil Suit No. 17/1988. This

              Court by order dated 13.12.1994 has stayed the suit.

              3.      The learned trial court rejected the application, Exh. 62 filed for

              adjournment on the ground that suit was already old, issues were framed

              and it was possible for the petitioner to call original sale deed from

              concerned office and he has not received it during last six years till the
                                                              WP 2883/1997
                                      2

date of passing of impugned order. The application Exh. 63 was rejected

on the ground that till the date of impugned order original application for

certified copy of the sale deed was not produced.

4.     Substantial time has passed since the suit is stayed. If the petitioner

had the sale deed, he could have produced it by now. I do not find any

error in the impugned orders passed by the learned trial Court. The

learned counsel for the petitioner submits that by now he may be having

the certified copy of the original sale deed. The suit to be proceeded in

accordance with law.

5.     The writ petition is dismissed accordingly.



                                                 ( ARUN R. PEDNEKER, J. )

ssc/

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