1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4679 OF 2009 Mahadeo Vithoba Pisal Dec., Thru’ Sanjay M. Pisal & ors. ..Petitioners Vs. Bajirao Maruti Salunkhe Decd., Thru’ Rajaram B. Salunkhe & Ors. ..Respondents Mr. Dilip Bodake for the Petitioners None for the Respondents CORAM: A.S.OKA, J. DATED: 9th February, 2010 P.C. 1. Heard Learned Counsel appearing for the Petitioners. 2. While rejecting the application made by the Petitioners in pending Appeal for production of additional evidence in the form of Will dated 28.05.1985, in the impugned order the Learned District Judge has observed that the Will has no relevance to the property claimed by the original Plaintiff. 2 3. Considering the controversy involved, at this stage, no interference is required with the impugned order passed by the Appellate Court, in as much as it is capable of being challenged in an Appeal which may be preferred by the petitioner for challenging the Appellate Decree. Subject to what is observed, no interference is called for. 4. Writ Petition is dismissed. 5. All contentions of parties are kept open. (A.S.OKA, J)