1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7337 OF 2011 Kamal Narhar Shinde & Ors. ...Petitioners Versus Arun Narhar Shinde & Others ...Respondents Mr.P.R.Arjunwadkar for the Petitioners CORAM:- R.Y.GANOO, J. DATED:- 4th OCTOBER, 2011. P.C. 1. The petitioners are defendants in Regular Civil Suit No.414 of 2004. Impugned order dated 26th April, 2011 passed by the Civil Judge, Junior Division, Kolhapur is under challenge. The reading of said order goes to show that the suit is listed for cross examination of the plaintiff. At that stage, the petitioners wanted to produce some documents. Those documents were produced before the court. The application for production of the said document came to be rejected. 2 2. I have heard learned Advocate for the petitioners. To my mind, it was absolutely not necessary for the petitioners to produce the documents covered by the impugned order, before the commencement of the cross examination. It was possible for the petitioners to use those documents while conducting the cross examination to show that the documents to the concerned witness and elicit the answers. If not, it was open for the petitioner to rely the document and produce them through the witness who would be examined on behalf of the petitioner. Since the stage at which the document was produced was itself premature, the observation made by the learned Judge in the impugned order is now not required to be gone into. Even if the said production is rejected that would not prohibit the petitioners from using the documents in the trial at appropriate stage. 3. Petition stands disposed of with above clarifications . There shall be no order as to costs. (R.Y.GANOO, J.) 3