1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2351 OF 2010. Smt. Yashodabai S. Gaidhane and others -: versus :- N.I.T. And others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JUNE 30, 2010. Heard Shri S.L. Kotwal, learned counsel for petitioners, Shri Chhabra, learned counsel for respondent nos. 1 and 2. None for respondent no.3. Shri Kotwal, learned counsel contends that only list of witnesses placed on record by the plaintiff and at that stage he has not sought any summon and compliance of provisions Under Order 16 Rule 2 of Code of Civil Procedure was not necessary and uncalled for. Shri Chabbra, learned counsel for respondent nos. 1 and 2 contends that the Court has yet not passed any final orders under Order 39 Rule 11 of C.P.C. And on 18.02.2010 the matter was only adjourned for passing further orders of dismissal. According to him, the position could have been pointed to the Trial Court and filing of Writ Petition was not necessary. 2 Though respondent no.3 is served with notice for final disposal, he has chosen not to appear. It is not necessary for this Court to consider the correctness or otherwise of the rival arguments at this stage. The list of witnesses furnished by the petitioners/plaintiffs is already on record of the trial Court, and the trial Court has also passed orders on same date calling upon the petitioners / plaintiff to give particulars about the relevance of the witnesses named by him. The petitioners / plaintiff has expressed readiness and willingness to submit to that order. The petitioners / plaintiff shall submit such relevance by filing appropriate affidavit by 21.07.2010 before the trial Court with advance copy of such copy to other parties in the suit. It is made clear that the cognizance taken for dismissal by the trial court at this stage is not proper. If the compliance is reported, the trial Court shall proceed further with the suit in accordance with law. Writ Petition is thus disposed of with above directions, with no order as to costs. JUDGE Rgd.