1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1384 OF 2010 Arfat Abdulla Hussein Petitioner versus The Municipal Corpn. of Greater Bombay Respondent Ms.Geeta Shastri i/by M/s.Khilnani & Co. for petitioner. Mr.M.M.Malvankar i/by R.A.Malundkar for respondent. CORAM : A.S.OKA, J. DATE : 21st April 2010 PC : 1. Heard learned counsel for the parties. The petitioner is the plaintiff and the respondent is the defendant. On the application made by the plaintiff, a witness summons was issued to the alleged landlord of the petitioner-plaintiff and to the Assessor and the Collector of the respondent Corporation. Though summons was served, the witnesses did not remain present. An application for grant of time for securing the presence of the witnesses was filed by the petitioner. By the impugned order, the Court declined to grant time and has fixed the suit for arguments. 2. The learned counsel for the respondents states that the Ward Inspector of "A" Ward will appear before the Court on the date fixed by the Trial Court and will produce the documents mentioned in the witness summons dated 8th September 2009 and he will also depose. In view of 2 this statement, it is not necessary to issue any direction as regards production of documents pursuant to the witness summons issued to the Assessor and the Collector. As far as landlord is concerned, one more opportunity deserves to be granted to the petitioner to procure presence of the landlord. 3. Hence, I pass following order :- A) The statement of learned counsel for the respondent that in terms of the witness summons dated 8th September 2009, the Ward Inspector of "A" Ward will remain present before Trial Court for production of documents and for giving evidence is accepted; B) The Trial Court will issue a fresh witness summons to the landlord. The witness summons shall be taken by hand by the petitioner and it will be the responsibility of the petitioner to serve the witness summons to the landlord; C) To the aforesaid extent, the impugned order is modified; D) The writ petition is disposed of accordingly. (A.S.OKA, J.)