1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 1061/2010. Sarojinibai Manoharrao Adhau and others -: versus :- Smt. Bhagirathibai Madanlal Lahoti Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : MARCH 30, 2010. Heard Shri Mohta, learned counsel holding for Shri R.L.Khapre, learned counsel for petitioner and Shri V.M. Deshpande, learned counsel for respondent. Shri Deshpande, learned counsel states that as per his instructions certified copy of Gift Deed dated 02.12.1949 is produced by respondent / plaintiff before Trial Court. He further states that as per the instructions given to him by the local counsel, death certificate of Madanlal is not available. Shri Mohta, learned counsel points out pleadings in plaint particularly paragraph no.3. I have perused the plaint. It is apparent that burden is upon plaintiff to prove those facts and by filing application and seeking orders on it, respondent has discharged its duty. In view of the production of copy of Gift Deed on record as above, grievance in so far as that 2 application is concerned is rendered infructuous. The further course of action in the matter is open to petitioners as also respondent. Writ Petition is thus disposed of, with no order as to cost. JUDGE Rgd.