:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.680 OF 2007 PETITION NO.680 OF 2007 PETITION NO.680 OF 2007 M/s Sawekar Patil Promoters and Builders & Ors. ..Petitioners V/s Krushna Dnyanu Raut ..Respondent Mr.Amit Borkar for the petitioners Mr.Nilesh Patil for for the respondent CORAM CORAM CORAM : A.A. SAYED, J. : A.A. SAYED, J. : A.A. SAYED, J. DATE DATE DATE : 21st APRIL, 2008 : 21st APRIL, 2008 : 21st APRIL, 2008 P.C. 1. Rule. By consent rule made returnable forthwith and heard finally. 2. This petition has been filed challenging the order dated 4th November, 2006, whereby the application filed by the petitioners, who are the original defendant Nos. 8 and 9 in the suit, seeking to direct the respondent who is the original plaintiff to produce the documents in respect of the dispute referred to by him in his pleadings in para 5 of the plaint, came to be rejected. 3. The trial Court has considered the fact that the said documents are not in possession of the :2: respondent. Moreover, certified copy of the judgment in Appeal No. 461/1956 has been produced by the orig. defendant Nos. 1 and 2 in the trial Court. The contention of the learned Counsel for the petitioners is that the documents being as old as of 1953 the petitioners are not in a position to acquire those documents, hence the application was made by them. However, the learned Counsel for the respondent on the other hand, submits that the respondent also does not possess the said documents, therefore not in a position to produce the said documents as sought in the application of the petitioners. 4. After considering the rival contention of the parties in my view, since the documents are not in custody of the respondent as stated by him, there can be no question of directing the respondent to produce the documents. Hence no interference is called for in the impugned order. 5. In the circumstances, there is no substance in the petition and the petition is dismissed. Rule discharged. :3: ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)