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2026 DAILYLAW 4907 (BOM)

SMT. SITKURABAI WD/O VITHOBA @ VITTHAL PIPARE AND ORS. v. STATE OF MAHA., THR. COLLECTOR, GADCHIROLI AND ANR.

WP/6565/2026 · 2026-08-27

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Judgment text

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1 16-WP-6565-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR. WRIT PETITION NO.6565 OF 2026 SMT. SITKURABAI WD/O VITHOBA @ VITTHAL PIPARE AND ORS. VS STATE OF MAHA., THR. COLLECTOR, GADCHIROLI AND ANR. - -- - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V. S. Kukday, Advocate for petitioners. Shri J. Y. Ghurde, Assistant Government Pleader for respondent No.1. CORAM : NANDESH S. DESHPANDE, J. DATED : 27th August, 2026 P. C. Rule. Rule made returnable forthwith. Heard finally with the consent of counsel for the parties. 2. Shri J. Y. Ghurde, learned Assistant Government Pleader waives service of notice for respondent No.1. In view of the order proposed to be passed, notice to respondent No.2 is dispensed with. 3. The present petition challenges the order passed below Exhibit-35 which is an application filed by the plaintiffs under Order XI Rule 6 of Civil Procedure Code, 1908 for issuance of direction to the defendants for production of documents. The said application was vehemently opposed by respondent No.2. 4. As can be seen from the impugned order, there is no reasoned order passed and the application seems to be only filed. 5. In that view of the matter, order dated 05/08/2024 passed below Exhibit-39 in R.C.S. No.46/2023 is quashed 2026:BHC-NAG:11217 2 16-WP-6565-26.odt and set aside. 6. The matter is remitted back to the trial Court for passing a reasoned order. 7. Writ Petition is partly allowed and disposed of. 8. Rule accordingly. No order as to costs. (NANDESH S. DESHPANDE,J.) Asmita Signed by: Smt. Asmita A. Bhandakkar Designation: PS To Honourable Judge Date: 28/08/2026 14:47:16