1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1469 OF 2010 Madhukar Baburao Yedke .. Petitioner versus Sundarabai Baburao Yedke & Ors. .. Respondents Mr.G.M.Savagave for the petitioner. None for the respondents. CORAM : A.S.OKA, J. DATE : 3rd March 2010. P.C.: . Heard learned counsel appearing for the petitioner who is the plaintiff. By the impugned order, the 1st and 3rd defendants (1st and 3rd respondents) have been permitted to lead secondary evidence of a Deed of Gift dated 12th April 1984. The 1st and 3rd respondents are relying upon the said Gift Deed. It is alleged that the Gift Deed is in possession of the 2nd respondent. Notwithstanding summons issued by the Court to the 2nd respondent calling upon him to produce original, the same has not been produced before the Court. 2. In the circumstances, no fault can be found in the impugned order by which the 1st and 3rd respondents have been permitted to lead secondary evidence of the said Gift Deed. Hence, no case for interference is made out in the writ jurisdiction of this Court. All contentions of the parties on merits of 2 the suit are expressly kept open. (A.S.OKA,J)