jpc 1 wp9185-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 9185 OF 2011 Rajaram Dattatray Mane ... Petitioners Versus Sambhaji Shripati Suryavanshi ... Respondents Mr. Umesh Mankapure, for the petitioner CORAM: R. M. SAVANT, J. DATED : 13th December, 2011 P.C. : 1. The above petition takes exception to the order dated 21st September, 3022 passed by the learned Civil Judge, Junior Division, Palus by which order the application for issuance of summons came to be rejected. 2. The suit in question i.e. Regular Civil Suit No. 622 of 2008 is at the final stage and the arguments are to be heard. It is at that stage that the application Exh. 79 for issuance of witness summons came to be filed, purportedly to prove the sale deed dated 4th August, 1975. It is the case of the petitioner that the sale deed of the predecessor in title of the petitioner is dated 23rd January, 1946 which is annexed at Exh.B to the petition. jpc 2 wp9185-11.sxw 3. It is the contention of the petitioner that in spite of the fact that the sale deed dated 4th August, 1975, has been proved, the same has not been exhibited. In my view, that would be another issue and that cannot be a consideration for issuing the witness summons at the said late stage. It is for the petitioner to advance argument as to why the said sale deed was required to be exhibited and also as to how it stands proved. In that view of the matter no exception can be taken to the impugned order rejecting the application for issuance of witness summons. Writ petition is accordingly dismissed. (R. M. SAVANT, J.)