1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR WRIT PETITION NO.3578/2008 Vinayak s/o Dagadu Shete ...Versus... Vasant Narayan Shete -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- [Shri Gupta, Adv. for petitioner] CORAM:- A.B. CHAUDHARI, J. DATED :- 27.08.2008 This petition can be disposed of without notice to respondent. If respondent feels aggrieved by this order, liberty is reserved in favour of the respondent to apply to this Court to have this order set aside. Learned Counsel for the petitioner submits that the certified copies of the evidence that was recorded in the year 1999 in some judicial proceedings were sought to be exhibited in the trial Court in the pending civil suit, but the Court declined to allow the said request. 2 I have considered the submissions made by learned Counsel for the petitioner. Perusal of the application that was filed, namely, Exh.115 shows that no proper grounds were made out in the said application. Learned Counsel for the petitioner further states that he would like to recourse the provisions of Section 33 and 60 of the Indian Evidence Act. I find that it would be appropriate to give such opportunity to the petitioner in the interest of justice. Hence, the following order. Writ Petition is disposed of reserving liberty in favour of the petitioner to make fresh application in the trial Court in the pending suit bearing Regular Civil Suit No.103/2001 with all such grounds as are advised. Application (Exh.115) is allowed to be withdrawn with the said liberty, and consequently, the impugned order is also set aside. No order as to costs. JUDGE ssw