: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPLICATION NO.1253 OF 2008 CIVIL APPLICATION NO.1253 OF 2008 CIVIL APPLICATION NO.1253 OF 2008 IN IN IN SECOND APPEAL NO.857 OF SECOND APPEAL NO.857 OF SECOND APPEAL NO.857 OF 2003 2003 2003 --------------------------------------------------------- Office notes, office : : : Memoranda of Coram, : appearances, Court’s : Court’s or Judge’s Orders orders or directions : & Registrar’s orders : --------------------------------------------------------- Shri R.D.Suryawanshi, adv. for Applicant. Ms.Anita Bhaktwani, adv. for Respondent. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. DATE : 25th July, 2008. DATE : 25th July, 2008. DATE : 25th July, 2008. P.C.: P.C.: P.C.: 1. Heard the learned counsel for the parties. 2. The applicant is original defendant in Regular Civil Suit No.252 of 1995 and he has filed the second appeal before this Court. The appeal is admitted. Applicant seeks to withdraw certain documents mentioned in paragraph 5 of the application on the ground that these documents are : 2 : required to be produced before the trial Court in Regular Civil Suit No.247 of 1995. Out of these documents, some were produced by the respondent/plaintiff. In my considered opinion, when the second appeal is pending before this Court, it will not be desirable to allow the applicant to withdraw the documents, however, the following order will meet the ends of justice: i. The applicant may obtain certified copy of the documents mentioned in paragraph 5 and produce before the trial Court. If the trial Court deems it necessary for the trial of the suit, it may write a letter to the Registrar (Judicial) for calling the record of Regular Civil Suit No.252 of 1995 for reference in Regular Civil Suit No.247 of 1995. 2. Application stands disposed off. : 3 : (J.H.BHATIA, J.) (J.H.BHATIA, J.) (J.H.BHATIA, J.)