12-WP-10170-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10170 OF 2026 Bhalchandra Vithal Dolas ..Petitioner Versus Satu Sudam Dolas and Ors …Respondents Mr. Namit Pansare, for the Petitioner. CORAM: N. J. JAMADAR, J. DATE : 29th AUGUST 2026 P.C.: 1. Heard Mr. Namit Pansare, the learned Counsel for the Petitioner. 2. The challenge in this Petition is to an order dated 4th February 2026 passed by the learned Civil Judge, Junior Division, Vadgaon Maval, whereby an Application preferred by the Petitioner-Plaintiff for producing a document purported to be a Memorandum of Understanding executed on 23rd September 2020, to show that Defendant No.5 has admitted the right of the Plaintiff in the suit property, came to be rejected. 3. The learned Civil Judge was of the view that the trial in the suit had reached an advanced stage, in as much as the Plaintiff had closed his evidence and the evidence of the Defendants was on the verge of ARS 1/2 ARUN RAMCHANDRA SANKPAL Digitally signed by ARUN RAMCHANDRA SANKPAL Date: 2026.09.02 10:16:06 +0530 12-WP-10170-2026.DOC completion and, since there were no pleadings in regard to the said document, the Plaintiff cannot be permitted to adduce evidence in respect of the said fact. 4. In the circumstances of the case, the view of the Trial Court that sans pleadings the Plaintiff can not be permitted to adduce evidence appears justified. Hence, there is no propriety in entertaining this petition. 5. Nonetheless in the event a decree is passed against the Petitioner- Plaintiff and an appeal is preferred there-against, the Petitioner shall be at liberty to agitate the legality and correctness of the impugned order under the provisions of Section 105 of the Code of Civil Procedure, 1908. 6. Subject to the aforesaid clarification, the Petition stands disposed. [N. J. JAMADAR, J.] ARS 2/2