1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.3404 OF 2009 Chandrakant Baburao Kolekar & Ors. ...Petitioners vs. Rajanikant Ramakant Bedagkar ...Respondent Mr.Amit B. Borkar for the petitioners Mr.Rahul Walvekar for respondent CORAM :A.S.OKA,J. DATE : SEPTEMBER 7, 2009 P.C. 1 Heard the learned counsel for the petitioners and the learned counsel for the respondent. The order impugned has been passed on application at Exhibit 155 filed by the petitioner before the trial court. A witness summons was sought by the said application for production of the document which is produced on record of a criminal case pending in the court of the Judicial Magistrate (First Class). On plain reading of the said application, the court could not have issued a witness summons to the another court for production of the documents on record of the said court. The legislature has taken care of the situation requiring the production of documents on record of the other court by enacting the rule 10 of Order XIII of the Code of Civil Procedure, 1908. 2 2 Faced with this difficulty, the learned counsel for the petitioners seeks permission to withdraw the application at Exh.155 with liberty to file an application under Rule 10 of Order XIII of the said Code. The said prayer will have to be acceded to. 3 It is obvious that if such application is made by the applicant, the trial court will decide the same in accordance with law after giving an opportunity of being heard to all concerned parties. 4 Hence, I pass the following order : i) Impugned order dated 3rd December 2008 is quashed and set aside. ii)The petitioner is permitted to withdraw the application at Exh.155 with liberty to file an appropriate application. iii)If an appropriate application is filed, the trial court will decide the same in accordance with law. iv)All contentions of the parties on merits are expressly kept open. v) Subject to what is observed above, writ petition is disposed of. JUDGE