1-wp.15253.2023 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 901 WRIT PETITION NO. 15253 OF 2023 Gokul Dattu Chaudhari And Others VERSUS Anagha Pravin Gagdani And Others ---- Ms.Shreya S. Battise, Advocate h/f. Mr.Vinod P. Patil, Advocate for petitioners Mr.M.G.Patil, Advocate for respondent nos.1 to 4 ---- CORAM : AJIT B. KADETHANKAR, J. DATE : AUGUST 20, 2026 ORDER :- In a suit for possession and perpetual injunction filed by the present petitioners/plaintiffs against the respondents/defendants, the petitioners/plaintiffs filed two applications vide Exhs.116 and 117 thereby requesting the court to direct the defendants to produce on record list of certain documents as mentioned in the applications. Said applications were strongly opposed by the defendants. On various counts the applications were disputed including the title and style of the applications as also merit of the applications. The trial court pass an order dated 14.08.2023 observing that the applications are titled as notices. The trial court observed that the filing could not be termed as applications within the meaning of law and hence the trial court merely took on record those applications and did not pass any order on 2026:BHC-AUG:38178 2 1-wp.15253 merit. Feeling aggrieved thereby the petitioners are before this court. The petition was filed under the impression as if the trial court has rejected these applications. But the things are not so. 2. I have seen the text of the impugned order as also the applications and the response filed by the defendants. Although the defendants have objected the applications on various counts as observed above, the trial court court only for the reason that the applications were not properly titled, has not pass any order on merit. 3. Considering this, the present Writ Petition is disposed of with a request to learned Judge of the Civil Court to pass appropriate order on merits of the applications Exh.116 and 117 within a period of one month from today. 4. Needless to mention, the Civil Court shall take into consideration the provisions of law, the defence raised by the defendants in the applications and the circumstances if warrant to direct the defendants to produce the documents on record as are prayed by the petitioners/plaintiffs. [AJIT B. KADETHANKAR, J.] ……….. KBP