1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE BENCH AT AURNAGABAD. WRIT PETITION NO.8095/2010 Mahadeo S/o Trimbaki Gunale Age 35 years, Occ-Agril And business, R/o Shivni (Kd.) Tq.Latur, Dist.Latur. .. PETITIONER [ORIG.DEFT.NO.1.] VERSUS 1] Sarubai w/o Trimbak Gunale Age 65 years, Occ-household R/o Shivni (Kd), Ta. Latur presently residing at village Bori Tq. District Latur 2] Nirmala w/o Suryabhan Pedate Age 45 years, Occ-household R/o Bori, Tq. & Dist.Latur 3] Ranjana w/o Venkat Pagade Age 28 years, Occ-household R/o Gour (Masalga) Tq. Shivni Anantpal Dist.Latur. .. RESPONDENTS ... Shri A.H.Kasliwal,Adv.for petitioner. Shri S.N.Morampalle,Adv.for R.1 & 2. Respondent no.3 served. .... 2 CORAM : A.A.SAYED,J. DATE : 29/11/2010. ORAL JUDGMENT : 1] Rule. Rule returnable forthwith. Petition is heard finally by consent. None appeared on behalf of respondent no.3 though served. 2] The above Petition impugns the order dated 5/7/2010, by which order the trial Court has rejected the application of the petitioner/orig.deft. in the suit to issue witness summons to the Talathi Selu (Bk) alongwith record relating to Mutation Entry No.518 Gut Nos.76-81. 3] The learned counsel for the petitioner submitted that the petitioner is disputing that he has made any application to the authorities for change in Mutation Entries and therefore, it would be necessary to examine the Talathi, Selu (Bk) who would come with the records in respect of the mutation entry relating to the property in question. 4] Having gone through the application and the impugned order and taking into consideration the contention of the petitioner, in my view, the impugned order warrants interference and needs to be set aside. 5] In the circumstances, the impugned order is set aside and the application of the petitioner shall be deemed to have been allowed to the extent of only production of the relevant records pertaining to mutation entry no.518 before the Court as per order XVI Rule 6 of C.P.C. It is left to the discretion of the trial Court if it deems it appropriate 3 after examining the records the necessity to summon the Talathi to give evidence. 6] Rule is made absolute in the aforesaid terms. No order as to costs. (A.A.SAYED,J.) umg/wp8095-10