Bombay High Court
Syed Salauddin Syed Khalil Ahmed vs Syed Aqiloddin Syed Khalil Ahmed And ... on 3 April, 2019
Author: P.R. Bora
Bench: P.R. Bora
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
946 WRIT PETITION NO.9056 OF 2015
SYED SALAUDDIN SYED KHALIL AHMED
VERSUS
SYED AQILODDIN SYED KHALIL AHMED AND OTHERS
...
Advocate for Petitioner : Mr. Pathan Hamzakhan I. And
Sk. Wajeed Ahmed
Mr. Shaikh S.K. For R/1 And 2.
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CORAM : P.R. BORA, J.
DATED : 3rd April, 2019.
PER COURT:-
1. Heard learned counsel for petitioner and
learned counsel for the respondents.
2. Petitioner is defendant No.2 in Special
Civil Suit No.16/2013 pending before the Joint
Civil Judge, Senior Division, Parbhani. He had
filed an application seeking witness summons
against one Shaikh Firoz Shaikh Faruq to prove the
agreement deed allegedly executed by deft.No.1 in
favour of deft.No.2. The said application came to
be rejected. The said order is challenged in the
present writ petition.
3. I have gone through the impugned order.
It appears to me that the reasons, as are assigned
while rejecting the application, are unsustainable.
An opportunity of hearing must have been given to
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deft.No.2 to prove the agreement concerned.
4. The learned counsel appearing for the
respondents though has supported the impugned order
could not bring to my notice as to what prejudice
was likely to be caused to the respondents, had the
trial court permitted the witness to be examined.
In such circumstances, I am inclined to allow the
present writ petition. Hence, the following order,
-
ORDER
i. The writ petition is allowed. The application at Exh. 84 in Special Civil Suit No.16/2013 stands allowed.
ii. The trial court shall record evidence of the said witness and proceed further in accordance with law.
(P.R. BORA) JUDGE BDV ::: Uploaded on - 05/04/2019 ::: Downloaded on - 06/04/2019 00:28:31 :::