1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5076 OF 2008 (Satishkumar Ramsahay Singhania vs. Subhash Ratanlal Agrawal ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DECEMBER 03, 2008. Heard Shri Bapat, learned counsel for the petitioner – defendant. The Court below has only directed him to produce the sale deed on record. The direction is innocuous and does not in any way affect the question of burden of proof or does not in any way dilute the burden placed upon the respondent – plaintiff. Shri Bapat, learned counsel argues that as the order was passed without any appropriate notice to the petitioner, the petitioner – defendant could not point out to the trial Court that his original sale deed is in the custody of some financing institute. He further states that the respondent – plaintiff has filed the application for striking out his defence. The trial Court is competent to look into all these aspects and can pass appropriate orders on it and therefore, the petitioner is at liberty to 2 mention all these facts before the trial Court by filing appropriate affidavit. On that ground, no interference is warranted at this stage in the impugned order. Writ Petition is dismissed. However, in the circumstances of the case, there shall be no order as to costs. Needless to mention that if the Court finds that the expeditious disposal of suit is possible, the same should be undertaken. JUDGE *GS.