1 wp3775.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3775 OF 2011 Sheetal d/o Vasantrao Sawandkar, Age: 3 yrs, under guardianship of real mother Ashabai w/o Vasant Sawandkar, Age:25 years, Occ: Household., R/o. Tembhurni, Tq. Basmath, District Hingoli and another. ...PETITIONERS VERSUS Vasanta s/o Janardhan Sawandkar, Age: 30 years, Occ: Agril., R/o Tembhurni, Tq. Basmath, District Hingoli and another. ...RESPONDENTS ... Mr. M.G. Deokate, Advocate h/f Mr. S.P. Katneshwarkar, Advocate for petitioners. ... CORAM: S.S. SHINDE, J. DATE : 24TH NOVEMBER, 2011 PER COURT : . Heard learned Counsel for petitioners. 2. The Counsel for the petitioners submits that, the document i.e. divorce deed at Exhibit-C page-22 of the compilation of this petition, is 2 wp3775.11 not relevant document for adjudication for all points involved in the petition. However, the trial Court has allowed the prayer of defendant No.1 to examine the witnesses on the said document. According to the Counsel for the petitioner, when the said document is not relevant at all for adjudication of the suit, in that case, allowing defendant No.1 to examine the witnesses on the said document would be abuse of process of law. Therefore, he would submit that, the petition may be allowed. 3. I have given due consideration to the submissions of the learned Counsel for the petitioner. The order which is impugned in this petition takes a view that at the stage when the application which is filed by the plaintiff praying therein not to allow defendant No.1 to examine witness Nos. 1 to 3 on the document of divorce deed, cannot be allowed since the the Court cannot form any opinion about the intention of the defendant for examining the said witnesses. 3 wp3775.11 The Court has also observed that, in the interest of justice the plaintiff or defendant should get opportunity to examine any witness to prove his case. 4. Therefore, in my opinion, any interference in the impugned order is not warranted. However, the petitioner should get opportunity to oppose for exhibiting such document. It will also be open to the petitioner to agitate grounds taken in the petition before the trial Court at the time of filing of the suit. Writ Petition stands disposed of. [S.S. SHINDE, J.] sut/NOV11