Diksha Rane 45 WP 9163 2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9163/2026 JYOTI @ PRITI MANOJ NAYAK & ANR ..PETITIONERS VS MUTHA ENGINEERING PVT LTD THRU M.D. ..RESPONDENTS Adv. Akshata Nayak a/w. Adv. Parth Talekar for petitioners. Adv. A. M. Kulkarni a/w. Adv. Sachin Pawar, Adv. Shailesh Chavan, Adv. Satish Dhoka for respondents. CORAM : ARUN R. PEDNEKER, J. DATE : 3rd SEPTEMBER, 2026. Per Court : 1. Heard learned counsel for the parties. 2. Learned counsel appearing for the petitioners-defendants submits that after closure of the evidence, additional issue was framed of bonafide requirement on the basis of the pleadings of the parties. On framing of the additional issue on 3rd July, 2024, the respondents-plaintiffs closed their evidence on the added issue on the same day. On the next date i.e. 22nd February, 2024, the petitioners- defendants were granted opportunity to lead evidence, thereafter, the matter was listed multiple times. However, the petitioners- defendants were not able to lead evidence and accordingly, filed application to lead evidence, and the same is dismissed by the Trial Court. 3rd SEPTEMBER, 2026 2026:BHC-AS:36966 Diksha Rane 45 WP 9163 2026.docx 3. Per contra, learned counsel appearing for the respondents- plaintiffs submits that the sufficient opportunity was granted and that on sixteen occasions the matter was adjourned by which on only two dates the Court was not available. Moreover, the evidence which sought to be produced relates to the witnesses i.e. BSNL Office, PMC Office, Branch Manager of Karad Urban Co-op. Bank Ltd., Laxmi Road Branch, Pune, with a direction to bring documents concerning the construction of ‘Sankala Arcade’ Building – suit property and loan documents. 4. Prima facie, there is no relevance of the evidence which is mere sought to be produced. The roznama is produced on record, which shows that sixteen times the matter is listed and thereafter an application is filed to adduce evidence by petitioners-defendants. 5. Sufficient opportunity has been granted to the petitioners- defendants and the matter is pending since long period of time, hence, no case is made out to interfere with the impugned order dated 18th February, 2026, passed below Exhibit – 220, by the Small Causes Court at Pune. 6. The petition stands dismissed accordingly. [ ARUN R. PEDNEKER, J.] 3rd SEPTEMBER, 2026 Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 08/09/2026 19:17:52