1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4809 OF 2010 (Deorao Zingraji Khandre) -: VERSUS :- (Suresh Rajami Tupat) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri V. R. Chaudhari Adv for petitioner. CORAM : B.P. DHARMADHIKARI, J. DATED : OCTOBER 1, 2010. Heard Shri Chaudhari, learned counsel for the petitioner. He has invited attention to stand in Written Statement that agreement dated 20th February 2003 was by way of security for advance of Rs. 60,000/-. According to him in view of this position and also statement in reply to legal notice sent on 14th may 2008 the said document dated 20.02.2003 is in custody of respondent and hence trial Court ought to have granted application to lead secondary evidence. Perusal of impugned order shows that suit was fixed for evidence of petitioner/plaintiff and then he sought adjournment by giving reason that suit is based upon an agreement of lease and its original was being 2 searched out. Thereafter he gave notice to produce document and therein he did not specifically mention that original was with respondent-defendant. Trial Court has also made observations in relation to practice in this respect. All relevant aspects are looked into by trial Court. I am therefore not inclined to interfere in the matter. Petitioner is however given liberty to challenge said order after suit is finally decided. Writ Petition is accordingly disposed of. JUDGE SVK