(1) CRI. WP. 364.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 364 OF 2010 Annarao Pandurang Gambhire .. Petitioner VERSUS Navalkishor S/o Bhagwandas Sarda .. Respondent ... Mr. Mukul Kulkarni, Advocate for the Petitioner Mr. M.P. Gude, Advocate for the respondent ... CORAM : V.R. KINGAONKAR, J. DATED : 26TH OCTOBER, 2010 ORAL ORDER:- 1. By consent, the Petition is being disposed of in following terms:- (I) The petitioner will give notice to the third party i.e. Nandkishor for production of the original document which is purportedly in his possession and will call upon said Nandkishor to produce the same before the Court. In case of failure of the third party to produce such document, the petitioner shall be allowed to lead secondary evidence as per his Application (Ex. 72). (2) CRI. WP. 364.2010 (II) The impugned order stands revoked and set aside in terms of above directions. The right of the petitioner to lead secondary evidence be not deemed as taken away due to the procedural lapse. (III) The petitioner, however, shall give notice to the third party-Nandkishor within period of three weeks and call upon him to produce the document within period of two weeks thereafter. If no such notice is given within period of three weeks by the petitioner, the Petition be deemed as dismissed and right to call upon third party-Nandkishor to produce the document and lead secondary evidence will be deemed as waived. 2. Petition disposed of accordingly. 3. Parties may act on a copy of this order, duly authenticated by the Court Sheristedar. Sd/- [V. R. KINGAONKAR, J.] arp