-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.3901 OF 2008 PETITION NO.3901 OF 2008 PETITION NO.3901 OF 2008 Shir Chetan Vitthal Tupe ..Petitioner V/s. Shri Sailesh Narayan Shinde & Ors. ..Respondents Mr.R.V. Govilkar, Advocate for the Petitioner Mr.A.B. Tajane, Advocate for Respondent No.1 Mr.A.B. Tajane i/by G.S. Godbole, Advocate for Respondents CORAM CORAM CORAM : A.M. KHANWILKAR, J. : A.M. KHANWILKAR, J. : A.M. KHANWILKAR, J. DATE DATE DATE : 7TH JULY, 2008 : 7TH JULY, 2008 : 7TH JULY, 2008 P.C. : . Heard counsel for the parties. In my opinion, it is unnecessary to interfere in exercise of writ jurisdiction at this stage of the proceedings. For, the lower Court will have to proceed with the trial in accordance with law. In that, even if the document has been marked as Exhibit in the course of evidence, the Trial Court is bound to examine the issue as to whether the said document has been duly proved and whether the same is admissible in law. Thereafter, the document can be looked into for appreciating the evidence on record. 2. Those questions will have to be addressed at the appropriate stage in accordance with law. In this -2- view of the matter, no other question needs to be addressed in this Petition. The Trial Court will proceed with the Trial keeping in mind the above observations with regard to the documents in question. 2. Hence, the Petition is disposed of accordingly. (A.M. (A.M. (A.M. KHANWILKAR, J.) KHANWILKAR, J.) KHANWILKAR, J.)