SHRIDHAR BAPU BILLE Vs. MADHUKAR BABURAO KATKAR

JUDGEMENT

(1.) Heard advocate for the petitioners and the advocate for the second respondent. The notice of the first respondent has been duly served.The first and second respondents are the original plaintiffs. Considering the controversy involved in the petition, the third respondent is not a necessary party. On 17th August,2007 this Court has already issued notice for final disposal at admission stage.

(2.) The petitioners are original defendant Nos.1 and 2 in a suit filed by the first and second respondents. The suit was filed for declaration as well as for claiming right of premption.

(3.) An application was made by the present petitioners at Exhibit 52 praying for production of certified copies of Sale Deeds dated 06th February, 1971 and 04th October, 1972. The prayer in the said application was that the said documents are admissible in evidence being 30 years old documents and therefore the said documents be marked as exhibits. By order dated 20th September, 2006 the said application at Exhibit 52 was rejected by the trial Court by holding that unless the execution of the said document is proved, the same cannot be exhibited.