1 wp10595.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 10595 OF 2010 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. V.J. Dixit, Senior Advocate holding for Mr. A.J. Talhar Advocate for the petitioners. Mr. S.S. Chaudhari holding for Mr. Y.S. Chaudhari, Advocate for respondent no.1. Heard Senior Advocate Shri. Dixit with Advocate Shri. Talhar for petitioners-plaintiffs and Advocate Shri. S. S. Chaudhari with Shri. Y.S. Chaudhari for respondent no.1. Respondent no.2 is original plaintiff, who has been later on had transposed as defendant no.2, hence service upon him is dispensed with. 2. After hearing the respective Advocates, I find that efforts of learned Senior Advocate is to urge that the documents could have been impounded and further appropriate steps could have been taken by trial Court. Advocate Shri Chaudhari points out that there was no such prayer before the trial Court. 2 wp10595.10 3. In this situation, the interest of justice will be met by permitting the petitioner to move appropriate application in accordance with law before the trial Court and if such application is moved, the trial Court should permit the respondent no.1 to file appropriate say and thereafter shall decide the said application uninfluenced by the findings in impugned order. 4. With this liberty, Writ Petition is disposed of. No costs. (B.P. DHARMADHIKARI) JUDGE. 10.01.2011 gas/wp10595.10