( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 5774 OF 2009 Smt. Kanchan w/o Narendranath Khargkharate PETITIONER VERSUS Indumati d/o Nagnath Waghmare RESPONDENT ..... Mrs. S.G. Chincholkar, advocate for the petitioner. Mr. M.N. Navandar, advocate for respondents No. 2 & 3. ..... [CORAM : R.M. BORDE, J.] [DATE : 26th March, 2010] PER COURT : 1. Heard learned counsel. 2. An application (Exh-63 in R.C.S. No. 414/2008) presented by the petitioner herein, requesting the trial Court to issue directions to the defendants to produce the original divorce deed on record, has been disposed of by the learned 2nd Joint Civil Judge (Sr. Division), Nanded, without passing proper order either of rejecting ( 2 ) the application or accepting the contentions raised by the applicant/petitioner. 3. The learned Civil Judge while dealing with the application has merely directed that the application be filed. However, the reasons recorded while passing the said order go to suggest that the learned trial Judge has not convinced as regards merits if the contentions raised by the applicant/petitioner and as such, it does not appear that the trial Court was inclined to allow the same. However, without touching the orders passed by the trial Court, this writ petition can be disposed of by permitting the petitioner to adopt proper course available in law i.e. presenting an application requesting the trial Court to allow him (petitioner) to lead secondary evidence in respect of the document allegedly in possession of the defendant No. 1. 4. On perusal of the pleadings, it appears that the defendant No. 1 has denied the possession/custody of the divorce deed. The plaintiff claimed existence of the divorce deed and has also produced on record a xerox ( 3 ) copy thereof. In such situation, it would be open for the petitioner/plaintiff to request the trial Court to allow her to lead the secondary evidence, for proving the document, copy of which is placed on record. No further order is required to be passed in this petition. 5. With the observations recorded above, the petition stands disposed of. In the circumstances, the interim relief granted by this Court stands vacated. [ R.M. BORDE ] JUDGE NPJ/wp5774-09