1 FARAD CONSTITUTION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4715/2009 (Nathubhai D. Tank and others ..vs.. Smt. Narbadabai D. Patel and others) -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM:- B.P. DHARMADHIKARI, J. DATE:- NOVEMBER 07, 2009 Heard. The matter was heard earlier and then was adjourned to find out whether petitioners are ready to vacate the premises within the reasonable time. Today, Advocate Shri K.M.Kuthe for petitioners states that the petitioners are not ready to vacate. He is heard further. He states that the decree of eviction is on the ground of arrears of rent and in written statement, there was specific pleading that the amount of Rs.19,000/- was paid, but only rough receipt was issued therefor. He states that that rough receipt has not been exhibited because it is not signed by the plaintiff. He further states that burden was upon plaintiff to lead evidence in rebuttal and in absence of such evidence, the document ought to have been 2 exhibited in evidence by the courts below. Perusal of judgment, delivered by the trial court, shows that it did not decree the suit as notice was not served on all legal heirs. The lower appellate court has found that such service was not essential and therefore, has decreed the suit. The contention that the document on record is unsigned copy executed by the plaintiff, has not been proved on record and therefore, the document has not been looked into by any of the courts below. The petitioner has not taken any steps at appropriate time to see that document is exhibited. No evidence in that respect has been brought on record by the petitioners. In the circumstances, I am not inclined to interfere in the matter in writ jurisdiction. Writ Petition is accordingly dismissed. No order as to costs. JUDGE Diwale.