1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7935 OF 2009 Dnyaneshwar Keshav Urne & Ors. .. Petitioners versus Smt.Prabhavati Vitthal Urne (since deceased) through her heirs & Lrs Surekha Hanmantrao Bartakke & Ors. .. Respondents Mr.S.S.Shah for the petitioners. Mr.G.N.Salunkhe i/by Mr.Umesh Karand for respondent Nos.1(a) and 1(b). CORAM : A.S.OKA, J. DATE : 5th October 2009. P.C: . Heard learned counsel appearing for the petitioners and learned counsel appearing for the respondent Nos.1a and 1b who are the original plaintiff Nos.2 and 3. The learned counsel appearing for the petitioners stated that the petitioners have deposited an amount of Rs.5100/- with the trial Court. He pointed out that a sum of Rs.900/- has been already deposited with the trial Court. 2. In view of the deposit of sum of Rs.6,000/-, now at the instance of the petitioners, the presence of the handwriting expert can be procured. If the amount of Rs.6,000/- is paid to the expert witness, it is obvious that the said amount will be treated as a part of the costs incurred by the petitioners for 2 defending the suit. The trial Court is bound to pass appropriate order regarding costs at the time of final disposal of the suit depending upon the outcome of the suit. 3. The trial Court is directed to issue fresh witness summons to the witness Mr.Ulhas Athalye. The advocate for the petitioners appearing in the trial Court is free to communicate to the said witness that a sum of Rs. 6,000/- have been already deposited by the petitioners with the trial Court and the witness will be entitled to withdraw the said amount provided he appears before the Court and deposes before the Court. 4. Hence, subject to observations made above, the petition is disposed of by directing the trial Court to issue a fresh witness summons to the said witness. If, notwithstanding the service of summons, the said witness fails to appear, it will be open for the trial Court to adopt coercive methods for procuring his presence. Petition is disposed of accordingly. (A.S.OKA,J)