FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8567 OF 2009 Office Notes, Office Court's or Judge's orders Memoranda of Coram or directions and Registrar's orders. appearances, Court's Orders. 1 Mr. S.S. Choudhari, Advocate for the petitioner. Mr. Tikle, Advocate holding for Mr. V.D. Salunke, Advocate for the respondent. --- CORAM : R.M. BORDE, J. DATE : 15TH APRIL, 2010. 1. In a pending Second Appeal, i.e. Second Appeal No. 552/1989 while dealing with Civil Application 959/1991, this court has referred issue in respect of status of the applicant before the court, who claims to be the Legal Representative of deceased Yamunabai. for determination to trial court. 2. The claim raised by the petitioner is to the effect that he is legal representative of deceased Yamunabai by virtue of a will deed executed by her in his favour. This contention has been controverted by the respondent while opposing civil application. On consideration of the matter, this court was pleased to remit the matter to the trial court for consideration in view of the provisions of Order 5 Rule 22 of C.P.C. In an enquiry, as directed by this court, the petitioner herein examined 2 witnesses on his behalf. Some of the witnesses whose name appeared in the list tendered by the petitioner herein, were not examined by him. As FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8567 OF 2009 Office Notes, Office Court's or Judge's orders Memoranda of Coram or directions and Registrar's orders. appearances, Court's Orders. 2 such, the respondent tendered an application and sought leave to examine said witnesses. The respondent was accordingly permitted to examine witnesses by name, Chhagan Murge and Shivaji Bhusare. This was objected to, by the petitioner by presenting an application at Exhibit 136. 3. According to the petitioner, the respondent cannot be permitted to examine witnesses for the reason that he has not disclosed reason for examination of witnesses who were in fact cited by petitioner. The examination of said witnesses has been also objected on the ground that they may have interest adverse to that of the petitioner. 4. The trial court, however, after considering the contentions raised by both the parties, was pleased to reject the application at Exhibit 136 and permitted the respondent to examine the witnesses. 5. I have perused the order passed by the trial court and heard the arguments advanced by the learned counsel for the respective parties. There cannot be any impediment in examining a witness as desired by the FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8567 OF 2009 Office Notes, Office Court's or Judge's orders Memoranda of Coram or directions and Registrar's orders. appearances, Court's Orders. 3 respondent merely because, the said witness is likely to depose against the interest of the petitioner. Merely because a witness proposed to be examined before the court may have an interest adverse to the objector, can not itself be a ground to debar the other party from examining such a witness. The trial court, placing reliance on the judgment of the Apex Court reported in AIR 1993 Patna, 122, has permitted the respondents to proceed to examine two witnesses, as requested by them. Counsel appearing for the respondent contends that in furtherance of the enquiry, as directed by this court, while dealing with C.A. No. 959/1991, the respondents propose to examine only two witnesses, whose names are disclosed by them in the application moved, to the trial court. 6. Considering all relevant factors placed before this court,I am of the opinion that no interference is called for in this petition in exercise of extraordinary jurisdiction under Article 227 of the Constitution of India. There is no merit in the petition. The same is rejected. [R.M. BORDE,J.] grt/ FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8567 OF 2009 Office Notes, Office Court's or Judge's orders Memoranda of Coram or directions and Registrar's orders. appearances, Court's Orders. 4