1 wp2474.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2474 OF 2011 [ Subhashchandra Bhagwandas Barmecha vs. Madanlal Bhagwandas Barmecha & Ors. ] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. N.K. Kakade, Advocate for petitioner. Mr. S.S. Bora, Advocate for R-1,3 & 4. CORAM : S.S. SHINDE, J. DATE : 1ST DECEMBER, 2011 PER COURT : . Heard learned Counsel for the petitioner and learned Counsel for the respondents. 2. Learned Counsel for the respondents invited my attention to the provisions of Order 11 Rule 13 of the Code of Civil Procedure and submitted that, if the 2 wp2474.11 production of the documents is ordered by the trial Court to any party and if those documents are not in possession of the said party, the concerned party has to file affidavit in Form No.5 in Appendix-C of Rule-13 of Order-11 of the Code of Civil Procedure. 3. Learned Counsel for the petitioner submits that, if the liberty is granted to file affidavit in Form No.5 in Appendix-C of Rule-13 of Order-11 of the Code of Civil Procedure, in that case the petitioner will withdraw the writ petition and will file affidavit before the trial Court. 4. Writ Petition is disposed of, with liberty to the petitioner to file such affidavit before the trial Court in Form No.5 in Appendix-C of Rule-13 of Order-11 of the Code of Civil Procedure. 3 wp2474.11 . It is needless to clarify that, after filing such affidavit, the trial Court will pass appropriate orders. [S.S. SHINDE, J.] sut/DEC11