1 wp7775-11 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 7775 OF 2011 Smt. Radha Rani Puri .. Petitioner Versus Mrs. Pramila Teja Patel and others ... Respondents Mr. Atul Rajadhyaksha a/w Mr. Akhilesh Dubey i/by Mr. M. Tripathi & Col co. for the petitioner Mr. P. G. Lad for Respondent Nos. 1 to 3 Mr. A. A. Garge a/w Ms. Deepali Patil for respondent No.5 CORAM : R. Y. GANOO, J. DATED : 20th October, 2011 P.C. 1. Rue. Rule made returnable forthwith. 2. Learned Advocate Mr. Lad appearing on behalf of respondent No.1 to 3 waives service. Mr. Garge appearing on behalf of respondent no.5 waives service. By consent, taken up for hearing. 3. The common order passed below Exh. 132 to 137 in Special Civil Suit No 595 of 2009 by the learned 4th Joint Civil Judge, Senior Division, Thane, dated 23rd June, 2011 is under challenge at the hands of the petitioner- original plaintiff in the aforesaid suit. 4. I have perused the impugned order dated 23rd June, 2011. The petitioner 2 wp7775-11 wants to have certain documents produced/examine certain witnesses in support her case. By the impugned order, the petitioner is in a way prohibited from doing so. It is possible to say that the petitioner has taken some time to attend to the matter but that does not mean that the petitioner should be subjected to a situation, whereby she is not in a position to prove her case. In view of this, I am inclined to set aside the impugned order and grant the applications Exh.132 to 137. Hence the following order is passed to dispose of the petition i. The order 23rd June, 2011, passed below Applications Exh. 132 to 137 in Special Civil Suit No 595 of 2009 by the learned 4th Joint Civil Judge, Senior Division, Thane, is set aside. ii. Applications below Exh. 132 to 137 in Special Civil Suit No 595 of 2009 are granted. iii. The Court is informed that the aforesaid Suit is already on board tomorrow. Hence, the parties to appear before the learned Judge and fix the next date of hearing on which the witnesses can be requested to remain present and summons be issued accordingly. iv. Advocates on both sides have assured that their counter parts in the trial Court will cooperate in the trial to hear and dispose of the suit. v. There shall be no order as to costs. (R. Y. GANOO, J.)