1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.8061 OF 2010 1 Satuba s/o Bhagaji Vyavhare, age: 19 years, Occ: Nil, R/o Padali, Post: Borgaon (Arj), Tq.Phulamri, District Aurangabad. 2 Santosh s/o Bhagaji Vyavhare, age: 18 years, Occ: Education, R/o as above. 3 Sau. Tulsabai w/o Bhagaji Vyavhare, age: 46 years, Occ: Household, R/o as above. Petitioners Versus 1 Ambadas s/o Sakharam Wadhekar, age: 49 years, Occ: Agril., R/o Padali, Post Borgaon (Arj), Tq. Phulambri, District Aurangabad. 2 Sau.Tulsabai w/o Ambadas Wadhekar, age: 44 years, Occ: Household, R/o as above. 3 Bhagaji s/o Ashruba Vyavhare, age: 56 years, Occ: Agril., R/o as above. Respondents Mr. K.E.Shinde, advocate for petitioners. Mr. N.N.Chitlange, advocate for Respondents No.1 & 3. Respondent No.2 served. 2 CORAM: R.M.BORDE, J. DATE : 13 th October, 2010. ORAL JUDGMENT: 1 Heard learned Counsel for petitioner and contesting respondents. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties. 2 Petitioner is raising exception to the order dated 06.04.2010, passed by Civil Judge, Junior Division, Phulambri, below Exhibit-41/D in Regular Civil Suit No.14/2009. An application tendered by plaintiffs – petitioners in the pending suit for summoning witnesses has been turned down by the trial Court. Plaintiffs want the Court to direct to issue witness summons to the witnesses named in the list at Sr.Nos.3, 4, 6 & 7 already tendered at Exhibit-27. The trial Court has proceeded to reject the application on the ground that it is the responsibility of the plaintiffs to secure presence of their witnesses. 3 It is not denied that at an appropriate stage, plaintiffs tendered list of witnesses and requested the Court to issue witness summons. One or two witnesses are already examined. The request made by plaintiffs was not unreasonable and it was appropriate for the trial Court to consider the request and issue directions for issuance of witness summons to the witnesses and 3 proceed to decide the matter in accordance with law. The order passed by trial Court is unsustainable and deserves to be quashed and set aside. 4 In the result, writ petition is allowed. The order dated 06.04.2010, passed by Civil Judge, Junior Division, Phulambri, below Exhibit-41/D in Regular Civil Suit No.14/2009, is quashed and set aside and the application tendered by plaintiffs – petitioners herein shall be deemed to have been allowed. 5 Rule is accordingly made absolute. In the facts and circumstances of this case, there shall be no order as to costs. (R.M.BORDE) JUDGE ******* adb/wp806110