1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 5137/2008 (Yasin Habib Kasid and another vs. Shrikant V. Chiddarwar) CORAM : B.P.Dhamadhikari, J. DATE : 4 th DECEMBER, 2008 Advocate Mirza for the petitioner argues that by granting permission to lead secondary evidence, the Court below has overlooked the fact that the sale deed in original never existed and it was specific defence of petitioner/defendant that the alleged sale deed is sham and bogus. According to him, the Court below in this process has not considered the aspect of existence of original sale deed itself. He argues that impugned order could not have been passed without recording a finding about the existence of original sale deed. There is nothing on record to show that court has accepted the existence of original. It is still open to petitioner/defendant to show that original sale deed never existed and the respondent also has not exonerated by the trial Court of his burden to show the existence of original. The impugned order, therefore, does not in any way prejudice any defence of the present petitioner. 2 I am, therefore, not inclined to interfere in the matter in writ jurisdiction at this stage. The writ petition is, therefore, dismissed, with no order as to costs. JUDGE Rvjalit