*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2220/2003 Parsu Rama Devkule (decd.) and others. ..Petitioners -VERSUS- Akkatai Kaka Devkule and and others. ..Respondents ............... Mr.A.S.Prabhu, Advocate i/b Mr.N.V.Bandiwadekar, for the Petitioners. Mr.A.M.Kulkarni, Advocate for the Respondents Nos.3 to 7. ............... CORAM: A.P.DESHPANDE, J. Dated 16th November, 2009. PC:- 1 This petition questions the legality of an order passed by the Trial Court dated 26.02.2002 where-under the present Petitioners/ Plaintiffs have been directed to produce the original sale deed dated 26.05.1934 of which the certified copy is already placed on record by the Defendants. The Defendants moved an application seeking an order against the Plaintiffs to produce the original sale deed. The Petitioners/ Plaintiffs filed the reply to the said application. The Plaintiffs did not firmly assert in their reply that the original sale deed is not in their possession. The Trial Court passed an order directing the Plaintiffs to produce the original sale deed if *2* the same is in possession of the Plaintiffs. 2 According to the learned counsel for the Petitioners/ Plaintiffs, the original sale deed is not in possession of the Plaintiffs. 3 If that be so, there is no question of the Plaintiffs’ producing the same. The order impugned does not in any way prejudice the present Petitioners/ Plaintiffs. 4 According to the learned counsel for the Petitioners/ Plaintiffs, the Defendants would now try to prove the sale deed by leading the secondary evidence. 5 As and when the order in that regard is passed by the Trial Court it shall be open for the Petitioners/ Plaintiffs to take appropriate steps in that regard. There is no merit in the petition and the same stands dismissed. Needless to mention, interim order, if any operating, stands vacated. (A.P. Deshpande, J)