1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4908 OF 2009 (Shri Dasharatha V. Urade & Anr. vs. Lilabai B. Bangade) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. FEBRUARY 17, 2010. Heard Kum. Omita Unnarkar, Advocate holding for Shri Kotwal, learned counsel for the petitioners and Shri Kakde, learned counsel for the respondents No. 1 & 2. There is no appearance for respondent. The grievance is, the Court below has refused leave to lead secondary evidence erroneously though the petitioner – plaintiff has demonstrated that original Will deed was taken by the respondent – defendant for use in other suit filed at Umred. Shri Kakde, learned counsel for the respondent is disputing this position. I find that a disputed question was raised before the trial Court and the notice to produce the original Will deed was also given by the plaintiff to defendant. In the circumstances, an opportunity to prove the facts pleaded ought to have been given to the petitioner. For that purpose, the order dated 19.12.2007 2 in Regular Civil Suit No. 24 of 2004 is quashed and set aside. The matter is restored back to the file of the trial Court for taking further appropriate decision in the matter in accordance with law. As the suit is of the year 2004, the same is expedited and the Court below shall attempt to decide the same as early as possible and in any case by 31st December 2010. Writ Petition is disposed of. Rule accordingly. No order as to costs. JUDGE *GS.