1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.3335 of 2009 (Mir Ali Mohd. Mortuja Mir Riyayat Ali v. Sayyada Kamarjahan Bagam and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Smt. S.W. Deshpande, Advocate for Petitioner. Coram : R.C. Chavan, J. Dated : 25 th August, 2009 Heard the learned counsel for the petitioner. This petition is directed against the rejection by the learned 2 nd Joint Civil Judge, Junior Division, Chandur Bazar of petitioner’s application Exhibit 42 for permission to lead secondary evidence in respect of a gift-deed dated 14-3-1983 allegedly executed by deceased Sayyada Aziza Begam, who died on 4-6-1983. This gift-deed or its copy was not produced along with the plaint, which was filed on 22-6-2007. In para 3 of the plaint, there is a reference to a gift-deed, but the copy of the gift-deed is not produced along with the plaint and nor it is mentioned in the list of documents as a document on which the 2 plaintiff would rely. In the application filed before the learned Trial Judge on 21-1-2009, it is mentioned that during 2002-2003, theft took place at the house of the plaintiff and some household articles were stolen along with the gift-deed. This application does not mention the date of theft or the date on which the articles were allegedly stolen. However, in the present petition, it has been mentioned that the articles were stolen on 19-9-2002, in respect of which theft, a report was given on 20-9-2002. However, a copy of that report was not produced. Copy of the gift-deed was produced for the first time before the Trial Court along with the application on 20-1-2009. This application was opposed by the adversaries and in this context, the learned Trial Judge rejected the application for permission to lead secondary evidence. The facts are eloquent and do not show that the learned Trial Judge erred to such an extent that interference in his interlocutory order in exercise of writ jurisdiction is warranted. In view of this, the petition has no merit and it is, therefore, dismissed. Judge. pdl