RAMRAO VENKATRAO RANE Vs. SANJAY RANE

JUDGEMENT

(1.) Heard Shri Prasheen Lotlikar, learned Counsel appearing for the petitioner and Shri G Agni, learned Counsel appearing for the respondents. Rule. Heard forthwith with the consent of the learned Counsel. Learned Counsel appearing for the respondents waives service.

(2.) The above petition challenges an order passed by the learned District Judge-1 dated 25/01/2012 whereby an application filed by the petitioner to produce two documents viz. one survey plan and the other Deed of Gift and Adoption dated 24/01/1908 came to be dismissed.

(3.) Shri P. Lotlikar, learned Counsel appearing for the petitioner has assailed the impugned order on the ground that whilst remanding the matter before the learned District Judge this Court by judgment dated 10/12/2010 passed in First Appeal No. 184/2004 had given liberty to the parties to adduce further evidence in accordance with law. The learned Counsel has further pointed out that the petitioner came across the said Deed of Gift only thereafter and according to him such documents are relevant for the purpose of deciding the matter in controversy. The learned Counsel further pointed out that the survey plan has been produced for some elucidation of matter in controversy. The learned Counsel has taken me through the impugned order and pointed out that the learned Judge has exceeded its jurisdiction whilst passing the impugned order.