1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.3757 OF 2008 PETITION NO.3757 OF 2008 PETITION NO.3757 OF 2008 Smt. Kacharibai Lukha Joshi ... Petitioner Vs. Shri Pandurang Chaudhari & Ors. ... Respondents Mr. D.K. Ghaisas, Advocate for the Petitioner Mr. A.P. Mhatre, Advocate for Respondent Nos. 1 & 2 CORAM CORAM CORAM : A.M. KHANWILKAR, J : A.M. KHANWILKAR, J : A.M. KHANWILKAR, J. DATE DATE DATE : 8TH JULY, 2008 : 8TH JULY, 2008 : 8TH JULY, 2008 P.C. P.C. P.C. :- :- :- 1. I find no reason to interfere with the interlocutory order passed by the Court below. The Court below has considered the fact that the original documents could not be produced for reasons placed on record. Thus permitting the opposite party to produce xerox copy of the document as secondary evidence cannot be said to be inappropriate. Indeed, the efficacy of such documents will be tested at the appropriate stage. The petitioners will be free to raise contention in that behalf. Besides, Petitioners will be free to raise issue of prejudice caused to the petitioners on account of production of such 2 documents. That question can be addressed at the appropriate stage including in the appeal, if required to be filed by the petitioners. 2. No interference is warranted. 3. Petition dismissed. ( A.M. KHANWILKAR, J.) A.M. KHANWILKAR, J.) A.M. KHANWILKAR, J.)