1 WP 4543/2010 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4543 OF 2010 Alex Mendes .. Petitioner V/s The Bombay Municipal Corporation .. Respondent Mr. Devendra Sharma for the petitioner. CORAM : D.G. KARNIK, J. DATE : 18TH JULY 2011 P.C. : 1. Heard. 2. The petition is directed against an interlocutory order rejecting the issuance of a witness summons. 3. On 11th February 2010, the petitioner (original plaintiff) examined his daughter as a power of attorney holder as a witness and her evidence was closed. On that day, an adjournment was sought for examination of a photographer, who had taken relevant photographs but was not present in the Court as a witness. The request was granted and the matter was adjourned to 25th February 2010. On that day, the 2 WP 4543/2010 photographer was not present and was not examined but an application was made by the petitioner for issuance of witness summons to a medical doctor who had issued a certificate of illness of the petitioner. The learned trial Judge rejected the application on the ground that the medical certificate had no relevance on the issues involved in the suit as none of the issues relates to the alleged illness of the petitioner. 4. The petitioner (original plaintiff) has since died and is represented by his legal representatives. The suit was for challenging a notice issued under section 351 of the Mumbai Municipal Corporation Act regarding unauthorised construction. As such the medical certificate of illness of the petitioner was not relevant and the trial Court committed no error in rejecting the application. It appears that the whole object of the petitioner in asking for a witness summons was to delay the trial as he had obtained interim relief during the pendency of the suit against demolition of unauthorised construction. There is no merit in the writ petition which is hereby rejected. (D.G. KARNIK, J.)