1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8844 OF 2009 Wison Mathew D’Souza .. Petitioner versus Bochasanwasi Shree Akshar Purushottam Waminarayan Sanstha .. Respondent Mr.P.B.Shah for the petitioner. Mr.Girin Pandit for respondent No.1. CORAM : A.S.OKA, J. DATE : 27th April 2010. P.C.: . Heard learned counsel appearing for the parties. The learned counsel appearing for the petitioner states that the petitioner is going to depose as constituted attorney of the 1st defendant. The statement is accepted. In view of this statement, the learned counsel appearing for the 1st respondent states that the 1st respondent will not examine the petitioner as a witness as the 1st respondent will get an opportunity to cross-examine the petitioner. 2. In view of the aforesaid statement, petition is disposed of by passing following order: : O R D E R: (a) The order of the trial Court issuing witness summons to the petitioner is quashed and set aside only on the basis of the statement 2 made by the learned counsel appearing for the petitioner that the petitioner is going to step into witness box as the constituted attorney of the 1st defendant. (b) It is obvious that the 1st respondent be entitled to cross-examine the petitioner on all aspects. (c) Writ petition is disposed of in above terms. (A.S.OKA,J)