1 wp 8440.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 21 WRIT PETITION NO. 8440 OF 2026 Kushal Nagesh Nalge Thr Gpa Holder Kundan S Patravali VERSUS The District Collector, Nanded And Others ... Advocate for Petitioner : Mr. M.D. Narwadkar AGP for Respondents: Mr. S.P. Sonpawale. ... CORAM : S. G. CHAPALGAONKAR, J. Dated : July 27, 2026 PER COURT :- 1. Petitioner impugns the order dated 02.04.2025 passed by learned Civil Judge S.D., Nanded below Exhibit-78 in Regular Civil Suit No.146 of 2020. 2. The Petitioner is original defendant in Regular Civil Suit No.146 of 2020. The suit is instituted for declaration of ownership and release of compensation amount. During pendency of Civil Suit, Police Head Constable, who is the Investigating Officer in Crime no.878 of 2024, filed an application to Court for handing over the original agreement bond and receipt for sending the same to the handwriting expert. The impugned order suggest that these documents are already admitted in evidence vide Exhibit nos.54 an 55. The suit is pending at the stage of cross-examination. In this 2026:BHC-AUG:31189 2 wp 8440.2026.odt backdrop, Trial Court refused to entertain the application of Investigating Officer observing that at this crucial stage, aforesaid documents are required for effective cross- examination of plaintiff. 3. Learned advocate appearing for petitioner submits that investigation in Crime no.878 of 2024 is hampered as original documents are on the record of Civil Court, therefore, prayers for handing over same to Investigating Officer ought to have been allowed. 4. This Court finds that, at this stage, there is no reason to entertain present Writ Petition, particularly, when impugned order is passed long back on 2.4.2025 i.e. more than 15 months before. Secondly, Investigating Officer would be at liberty to make an application for handing over said documents once cross-examination of plaintiff is over. Therefore, with liberty in favour of the Investigating Officer to move an application for handing over said documents on completion of cross-examination of witnesses in the suit, Writ Petition stands disposed off in aforesaid terms. ( S. G. CHAPALGAONKAR ) Judge. aaa/- …..