Bombay High Court
Bhausheth Eknath Pawar (Mali) vs Kailas Vishwanath Datir on 14 July, 2025
2025:BHC-AS:28690
3-WP-3256-2009.doc
Pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3256 OF 2009
Bhausheth Eknath Pawar (Mali) .. Petitioner
Versus
Kailas Vishwanath Datir .. Respondent
None for the petitioner.
Mr. N. R. Bubna for respondent.
CORAM: ALOK ARADHE, CJ.
Digitally signed
by PRAVIN
DASHARATH
PRAVIN
DASHARATH
PANDIT
PANDIT
Date:
2025.07.14
DATE: 14th JULY, 2025
19:26:12
+0530
ORAL ORDER:
1. In this petition filed under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 9th February, 2009 passed by the Civil Judge, Junior Division, Nashik by which application filed by the respondent seeking production of documents has been allowed on the ground that the documents in question are necessary for a fair and complete adjudication of the controversy involved in the suit.
2. Facts giving rise to filing of this writ petition, in nutshell, are that petitioner/plaintiff had filed Regular Civil Suit No. 374 of 2007 seeking the relief of recovery of money. In the aforesaid civil suit, respondent/defendant filed an application seeking a direction to the petitioner for production and inspection of documents under Order XII Rules 15 and 16 of 1 ::: Uploaded on - 14/07/2025 ::: Downloaded on - 02/08/2025 01:56:51 ::: 3-WP-3256-2009.doc the Civil Procedure Code, 1908. The aforesaid application has been allowed vide impugned order dated 9th February, 2009. Hence, this writ petition.
3. I have perused the record and heard the learned counsel for the respondent. The trial court ought to have appreciated that the documents are necessary for fair and complete adjudication of the controversy involved in the suit and, therefore, the trial court had allowed the application seeking production of the documents. The order passed by the trial court neither suffers from any jurisdictional infirmity nor any error apparent on the face of the record warranting interference of this Court in exercise of powers of superintendence under Article 227 of the Constitution of India.
4. For the aforementioned reasons, the writ petition is dismissed.
5. Let a copy of this order be communicated to the trial court.
(CHIEF JUSTICE) 2 ::: Uploaded on - 14/07/2025 ::: Downloaded on - 02/08/2025 01:56:51 :::