1 14wp7632-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY spb CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7632 OF 2011 Immanual Education Society, ... Petitioner. through its Secretary ­Shri P.M.Kudale, R/o.Sangli. V/s. The State of Maharashtra & Ors. ... Respondents. ­­­­ Mr. Sanjeev P. Kadam for the Petitioner. Mr. A.I. Patel, AGP for the Respondent Nos.1 and 2. Mr. Tejpal S. Ingale for the Respondent Nos. 3 to 7. ­­­­­ CORAM : G.S.GODBOLE, J. DATE : 09th NOVEMBER, 2011. P. C. : 1 Heard Mr. Kadam for the Petitioner, Mr. Patel, learned AGP for the Respondent Nos. 1 and 2 and Mr. Ingale for the Respondent Nos. 3 to 7. 2 Rule. By consent of the parties, the Rule is made returnable forthwith and the Petition is taken up for final hearing forthwith. 3 By the impugned order passed below Exh. 230 in the Change Report Enquiry No. 1385, the learned A.C.C., Sangli has dismissed the Application on the ground that while the Applicant led evidence, no statement 2 14wp7632-11.sxw regarding non­availability of the original or loss of the original had been made on oath. 4 After hearing the parties for some time, the learned Advocates have agreed for disposal of the writ petition in terms of the following order : i. The Petitioner is allowed to withdraw Application Exh. 230. Consequently, the impugned Judgment and Order dated 23.08.2011 passed by the learned A.C.C., Sangli below Exh. 230 does not survive for consideration. ii. The Petitioner will be free to lead evidence of only one person restricted only to the question as to whether the original of the alleged acknowledgment has been lost or not and the said witness will also face cross­examination. Thereafter, the Petitioner can file a fresh Application for leading secondary evidence and that Application will be considered on its own merits. It is made clear that even if the Secondary Evidence is allowed to be led by the learned A.C.C., the question regarding proof of contents of the documents in respect of which secondary evidence may be allowed to be led is kept open for being agitated before the learned ACC. iii. Considering the fact that on two occasions, the change report has been remanded to the ACC, Sangli and in view of the fact 3 14wp7632-11.sxw that the learned Joint C.C., Kolhapur Region, Kolhapur has already directed to complete enquiry within six months of the order dated 10.07.2009, the learned ACC, Sangli is directed to hear and finally decide the CR No. 1385/2005 and CR Nos. 537/2008 and 539/2008 as expeditiously as possible and in any case on or before 31st December, 2011 on their own merits. iv. All contentions of the parties on merits of the controversy involved in the said change reports are expressly kept open. v. Registrar Judicial is directed to forward a copy of this order to the learned ACC,Sangli. vi. Rule is made absolute in the aforesaid terms with no order as to costs. vii. Parties agree that they will appear before the learned ACC, Sangli on Monday, the 14th November, 2011. viii. All the parties and the learned ACC ,Sangli to act on an authenticated copy of this order duly issued by the Registry. (G.S.GODBOLE, J.)