IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.357 OF 2009 Vasant Dattatray Joglekar, Since deceased through legal heirs: 1A.Sou.Vimalbai @ Hemlatabai Vasant Joglekar & Ors. ...Petitioners V/s. Sharad Dattatray Joglekar & Ors. ...Respondents ...... Mr.S.S.Shah for Petitioners. Mr.Umesh Mankapure for Respondent No.1. Mr.A.M.Kulkarni for Respondent No.8. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. APRIL 3, 2009. APRIL 3, 2009. APRIL 3, 2009. P.C. 1. Heard Counsel for the parties. 2. The order which is impugned in this Petition, in my opinion, is a benign order where the Court below has observed that the issue regarding evidentiary value of the document would : 2 : be considered at the time of hearing of the Appeal. Counsel for the Petitioners, however, submits that such document should be discarded at the threshold. I am not inclined to accept this submission. 3. Counsel for the Petitioners relies on the decision of the Apex Court in the case of Dayamathi Dayamathi Dayamathi Bai (Smt.) vs. K.M.Shaffi reported in (2004) 7 SCC Bai (Smt.) vs. K.M.Shaffi reported in (2004) 7 SCC Bai (Smt.) vs. K.M.Shaffi reported in (2004) 7 SCC 107 107 107. This decision is not an authority on the proposition that the Court is obliged to decide the issue regarding evidentiary value of the document before it proceeds to consider the appeal on merits. It is open to the Appellate Court to deal with the said argument in the final Judgment to be rendered in the Appeal. 4. In the circumstances, there is no substance in this Petition. The Petition, therefore, deserves to be dismissed. Ordered accordingly. A.M.KHANWILKAR, J.