(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 270 OF 2011 Shivaji s/o. Govind Mohite, Age : 50 years, Occupation : Agriculture, R/o. Kasargaon, .. Petitioner Taluka and District : Latur. (Original plaintiff) versus 1. Smt. Shalinibai w/o. Padmakar Mohite, Age : 40 years, Occupation : Agriculture. 2. Pradip s/o. Padmakar Mohite, Age : 16 years, Occupation : Education. 3. Priyanka d/o. Padmakar Mohite, Age : 14 years, Occupation : Education. 4. Puja d/o. Padmakar Mohite, Age : 12 years, Occupation : Education. 5. Prashant s/o. Padmakar Mohite, Age : 10 years. Respondent nos.2 to 5 are minors and under guardianship of respondent no.1, their mother. All are residing at Village Kasargaon, .. Respondents Taluka & District : Latur. (Original defendants) (2) ....................... Mr. A.H. Kasliwal, Advocate, for the petitioner. Mr. C.R. Deshpande, Advocate, for respondent no.1. Respondent nos.2 to 5 under guardianship of respondent no.1. ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 6TH APRIL 2011 ORAL JUDGMENT : 1. Heard Adv. Mr. A.H. Kasliwal, for the petitioner, and Adv. Mr. C.R. Deshpande, for respondent no.1. 2. Rule. Rule made returnable forthwith. Heard finally with consent. 3. Perusal of the impugned order reveals that the documents as requisitioned in paragraph 3 of the application before trial court are already called for. It is apparent that the identity and authenticity of records needs to be established. Thereafter only the same can be looked into as public documents. Moreover, it is not clear whether the trial court (3) intends to retain original records or then verified copies of the same will be retained on record. 4. In these circumstances, I find that issuance of witness summons was necessary. 5. In the result, the petition is allowed. The impugned order dated 24-8-2010, passed by the learned Civil Judge (Senior Division), Latur, below Exhibit 50 in Regular Civil Suit No. 4 of 2007, is quashed and set aside. The trial court shall issue appropriate witness summons for production of documents mentioned in paragraph 3 of the application Exhibit 50. 6. Rule is made absolute accordingly. No costs. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/270wp