1 wp3256.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 3256 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. R.R. Karpe, Advocate for the petitioners. CORAM : B.P. DHARMADHIKARI, J. DATE : 28th APRIL, 2011 Heard. Purchase receipt (Exhibit-33) came to be filed by defendants and in support thereof they examined some witnesses. One of the witness disclosed that it was written by one Janardhan Dada Sagargile. Plaintiff/petitioner then moved application seeking leave to examine that Janardhan as witness. By impugned order, trial Court has rejected the same. 2. Learned counsel points out that there is some inconsistency about the said document in the evidence adduced by the respondents-defendants and as that document has come at eleventh hours, the petitioner has no option but to seek leave to call said Janardhan as witness. 2 wp3256.11 3. Trial Court has looked into all facts. Though it has made some observations about plaintiff making roving attempts, I do not find it necessary to observe anything in that respect. If already there are any contradictions or inconsistency on record, the petitioner-plaintiff can take advantage thereof. Burden to prove purchase receipt to the satisfaction of trial Court is upon respondents- defendants. 4. I am therefore not inclined to interfere in the matter. With liberty to petitioner to challenge the impugned order dated 19.03.2011 after the suit is finally decided, if occasion therefor arises, the present Petition is disposed of. No costs. (B.P. DHARMADHIKARI) JUDGE gas/wp3256.11