-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.3391 OF 2009 The Proposed Shri Vinoba Bhave Smruti Co-operative Housing Society : Petitioner (Orig.Plaintiff) V/s. Smt.Rukminibai Nagnath Shahapurkar (Deceased) Through L.Rs.: Smt.Sumanbai Tukaram Shahapurkar & Ors. : Respondents (Orig.Defendants) ... Mr.Uday Warunjikar for the petitioner. Mr.A.I.Patel, Asstt. Govt. Pleader for respondent no.4. ... CORAM : S.A. BOBDE, J. DATE : APRIL 6, 2009. P.C. 1. Rule, returnable forthwith. Mr.Patel, the learned Asstt. Govt. Pleader for the respondent no.4, waives service. Heard by consent. 2. After hearing the matter for sometime, the following -: 2 :- order is passed by consent:- O R D E R (i) The petitioner seeks leave to take out a fresh application under section 65 of the Evidence Act for production of secondary evidence. Apparently, no such provision was mentioned in the present application. In the circumstances, the petitioner shall be at liberty to file a fresh application and the impugned order shall not come in their way. (ii) Rule is made absolute in the above terms. S.A. BOBDE, J.