spb/- 1 28-10-8758-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 8758 OF 2010 M/s. P.B. Moharir Associates ... Petitioner. Vs. Smt. Indirabai Vasudev Gorwadkar (since deceased) 1.a. Shri Mukund V. Gorwadkar & Ors. ... Respondents. --- S/Shri Kishor S. Patil i/by P.N. Joshi for the Petitioner. Shri S.M. Gorwadkar for the Respondents. ----- CORAM : J. H. BHATIA, J. DATE : 28TH OCTOBER, 2010. P.C. 1 Heard the learned counsel for the parties. 2 The petitioner is judgment debtor no.2 in execution proceedings. He seeks to prove the sale deed dated 21.02.1995 by examining the executor of the document namely, Dinesh Raka. The trial court refused to adjourn the matter for his examination and to re-issue bailable warrant as the said witness was not appearing in spite of the service of summons. 3 With the consent of the learned counsel for the parties, the impugned order dated 14.10.2010 passed by the 4th Joint Civil Judge, Sr. Division, Nashik is hereby set aside. The executing court i.e. the 4th spb/- 2 28-10-8758-10.sxw Jt.C.J.S.D., Nashik shall issue bailable warrant against the witness- Dinesh Raka to appear and give evidence. The petitioner shall accompany the concerned officer to identify the witness Dinesh Raka at the time of execution of the bailable warrant. 4 The trial court shall permit the petitioner/ judgment debtor no.2 to examine the said witness and prove the document. 5 The petition is disposed of accordingly. [J.H. BHATIA, J.]