77-WP-4052-2026=.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4052 OF 2026 Anant Ganpat Damushte … Petitioner Vs. Parshuram Sitaram Ghag (since Deceased Thr. L/h 1a To 1b … Respondent …………. Mr. Rahul Shridhar Rane for the Petitioner …………. CORAM : SHAILESH P. BRAHME, J. DATE : 25th AUGUST, 2026. P. C. : . Heard. 2. The petitioner challenges order dated 05.11.2025 rejecting Application Exh.25 which was preferred under Order XXI Rule 35 of the CPC. 3. It is observed by learned Judge while rejecting Application Exh.25 that petitioner did not produce on record legible documents. There is no rejection on merits of the matter. Instead of rejecting the application, the learned Judge should have granted opportunity to the petitioner to produce on record the relevant papers. The impugned order does not forfeit the right of the petitioner to file application along with relevant and legible documents. Uday S. Jagtap 1 of 2 UDAY SHIVAJI JAGTAP Digitally signed by UDAY SHIVAJI JAGTAP Date: 2026.08.27 18:38:51 +0530 77-WP-4052-2026=.doc 4. In that view of the matter, the Writ Petition is disposed of with liberty to the petitioner to file application along with relevant and legible documents, which shall be dealt with on its own merits. ( SHAILESH P. BRAHME, J. ) Uday S. Jagtap 2 of 2