1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6630 OF 2009 Hari Tukaram Bhavar (since deceased) through his heirs and legal representatives Smt.Shantabai Hari Bhavar & Ors. .. Petitioners versus Dada Ramchandra Yadav .. Respondent Mr.Dilip Bodake for the petitioners. Mr.Vishwanath Talkute for the respondent. CORAM : A.S.OKA, J. DATE : 16th February 2010. P.C: . The learned counsel appearing for the respondent states that the respondent has no objection if orders below applications at Exhibit 131 and 182 are set aside with a direction to the trial Court to hear the said applications afresh. The learned counsel appearing for the petitioners states that the petitioners will apply for grant of permission to lead secondary evidence of the alleged Gift Deed. He states that said application shall be made within a period of three weeks from today. He seeks permission to lead additional evidence. 2. Hence, petition is disposed of by passing following order: : O R D E R : (a) The orders dated 18th November 2006 and 21st April 2009 passed below applications at Exhibit 131 and 182 respectively are quashed and 2 set aside and the said applications are restored. (b) The statement made by the learned counsel appearing for the petitioners that the application for seeking permission to lead secondary evidence of the alleged Gift Deed will be made within the period of three weeks is accepted. (c) The said application alongwith restored applications shall be decided by the trial Court in accordance with law as expeditiously as possible. (d) If a permission is granted by the trial Court to the petitioners to lead secondary evidence, it will be open for the petitioners to apply to the trial Court for grant of permission for leading further evidence. (e) All contentions of the parties on merits are kept open. (f) Writ petition is disposed of in above terms. (A.S.OKA,J)