1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.6040 OF 2009 Bajirao Anandrao Bhilare & Anr. .. Petitioners Vs Ganpat Shripat Omble. .. Respondent -- Shri P.J. Shinde for the Petitioners. Shri R.G. Jagtap for the Respondent. -- CORAM : A.S. OKA, J DATED : 5TH JANUARY, 2010. P. C. Heard learned counsel appearing for the parties. 2. The Petitioners are the original Plaintiffs. The Petitioners made an application before the trial Court seeking permission to produce affidavit dated 2nd August, 1988 executed by one Shripat Ganpat Ombale, deceased father of the Respondent. By the impugned order, the said application has been rejected. One of the grounds on which the said application was rejected is that in the plaint, the Petitioners have not relied upon the said document. 3. On 5th October, 2009, when this Writ Petition appeared before this Court, learned counsel appearing for the Petitioners stated that the Petitioners intend to apply to the trial Court for amendment of the plaint for the purposes of relying upon the said affidavit. Accordingly, such application has been made and admittedly the said application is still pending. 4. it is obvious that if the said application is allowed, the Petitioners will be entitled to rely upon the said affidavit dated 2nd August, 1988 and will be entitled to produce the same. In such contingency, the production of document will naturally be subject to proof of execution. 2 5. Hence, this Writ Petition need not be kept pending and the same is disposed of by passing the following order. (a) Learned trial Judge will decide the application for amendment of the plaint on its own merits without being influenced by the impugned order and all contentions of the parties in the application are kept open. (b) If the amendment is allowed, it will be open for the Petitioners to produce the said affidavit dated 2nd August, 1988. It is obvious that the production of document will be subject to proof of execution and contents thereof. (c) If the application for amendment is rejected, it will be open for the Petitioners to take appropriate proceedings for challenging the said order. (d) The Petition is disposed of in above terms. JUDGE