1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO.72 OF 2009 Subhash s/o Tukasa Lad and 4 others VERSUS Bhagwandas Agrawal and 2 others ........................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ........................................................................................................................................... Shri C.S.Kaptan, Counsel for the Petitioners. Shri S.C.Mehadia, Counsel for the R-1. CORAM : R. K.DESHPANDE, J. DATE : 28. JUNE, 2011. Shri C.S.Kaptan, the learned Counsel appears for the petitioners, Shri S.C.Mehadia, the learned Counsel appears for the respondent no.1. All other respondents are served, however, none appears for them. The challenge is to the order dated 17.9.2008 passed by the learned Civil Judge, Senior Division, Washim, below Exh.132, filed by the petitioners. The application Exh.132 was for calling the decree holder for cross examination. .....2/- 2 The decree holder produced certain documents on record along with application Exh.119. Some of those documents at Sr.Nos.1 to 9, (except document at Sr.No.3), are marked as Exhs.. This was after oral evidence of the petitioners. The Trial Court after taking into consideration the rival contentions has recorded the finding, that it will be open for the Court to draw an adverse inference against the decree holder keeping in view the evidence of the decree holder is found to be necessary to decide issuing question i.e. regarding admissibility of the documents. In view of this no interference is called for at this interlocutory stage, in the order impugned in the present petition. It is made clear, that it is always open for the parties to challenge the interlocutory orders by filing an appeal, in the event, if the ultimate decision in suit goes against them. JUDGE BrWankhede ...../-