1 WP6268-11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 6268/2011 (YASHODA N. CHANDAK & OTHERS VERSUS UTTAMRAO M. PENDAM & ANOTHER) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.R. Mundra, counsel for the petitioners. CORAM : SMT. VASANTI A. NAIK, J. DATE : DECEMBER 21 , 2011 . Heard. By this petition, the petitioners impugn the order passed by the trial Court on 06.09.2011 rejecting an application filed by the petitioners to delete certain part of the evidence of the defendants on affidavit. The trial Court rightly rejected the application by observing that the petitioners-plaintiffs could as well submit at the time of arguments about the inadmissibility of the evidence of the defendants, which was not supported by the pleadings. The trial Court observed that the point of legality of measurement would be decided at the conclusion of the trial by appreciating the evidence of both the parties. Since the trial Court had kept the question of admissibility of the evidence open, the petitioners could not have been aggrieved by the impugned order dated 06.09.2011. In the result, the writ petition fails and is dismissed with no order as to costs. JUDGE APTE