rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5913 OF 2007 WRIT PETITION NO. 5913 OF 2007 WRIT PETITION NO. 5913 OF 2007 Devsthan Management Committee Western Maharashtra, Kolhapur. .. Petitioner. V/s. Dr.Abhijeet Prabhakar Desai & Ors. .. Respondents. Mr.Sanjiv A.Sawant for Petitioner. Mr.P.S.Dani Respondent Nos. 1,2 and 4 to 15. CORAM : S.C.DHARMADHIKARI,J. CORAM : S.C.DHARMADHIKARI,J. CORAM : S.C.DHARMADHIKARI,J. DATE : 28TH JANUARY, 2008. DATE : 28TH JANUARY, 2008. DATE : 28TH JANUARY, 2008. P.C.:- P.C.:- P.C.:- . Heard both sides. 2. This writ petition is preferred against the order below Exhibit - 37 in an application bearing No.2 of 2008 on the file of the Assistant Charity Commissioner, Sindhudurg. 3. Dr. Abhijit Prabhakar Desai who is the Respondent No.1 is present before me. He pointed out that evidence is being recorded on behalf of the Original Applicants. The witness is one Mr.Rajaram Bhikaji Parab, who entered the witness box on behlaf of Mr. Suhas B. Desai and has filed his affidavit in lieu of examination-in-chief. While he was being cross-examined, considering the answers that he had given to certain questions put to him, it appeared to the said first Respondent, who is the Original Applicant Abhijit Prabhakar Desai, that the witness is not supporting his case. Therefore, he applied for discarding the evidence. That application is allowed in part, and that is why the writ petition. 4. After the matter was heard for sometime, both sides agreed that interest of justice will be subserved if the order under challenge is set aside and the Assistant Charity Commissioner is directed to take appropriate steps in accordance with law to summon Rajaram Bhikaji Parab for deposing as a witness in the proceeding. If he does not attend on the date and time stipulated in the summons despite receipt of the same, then so much of the evidence that has been recorded will remain on file of the Assistant Charity Commissioner but the said Desai can examine further witnesses to prove his case in the pending applications. Thereafter, the said witness could be cross-examined by the Petitioner before me in accordance with law. 5. Needless to state that if the said Rajaram Bhikaji Parab responds to the summons and appears, then his incomplete cross examination can be completed by the Petitioner. With this clarification, this Writ Petition is disposed of. (S.C.DHARMADHIKARI,J.) (S.C.DHARMADHIKARI,J.) (S.C.DHARMADHIKARI,J.)