1 wp1995.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 1995 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. S.L. Bhapkar, advocate for the petitioners. 1. Heard Advocate Mr. S.L. Bhapkar for petitioners. 2. Application moved by petitioner-defendant under Order 26 Rule 9 of the Civil Procedure Code has been rejected by trial Court. The burden is upon the respondent-plaintiff to prove his contention. Hence, at this stage I am not inclined to interfere in the matter. If in future the trial Court finds any ambiguity on record, the trial Court can exercise its power in this regard. With that liberty to the petitioner to move again to trial Court, if any future contingency arises, the present Writ Petition is disposed of. (B.P. DHARMADHIKARI) JUDGE. 21.03.2011 gas/wp1995.11