S.B. CIVIL WRIT PETITION NO.8535/2008 Phool Chand Vs. Anandi Lal & Ors. Date of order : 6th May, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Suresh Shrimali for the petitioner. Mr. R.S. Mankad for the respondents ----- Heard learned counsels. This writ petition is directed against the order dated 3.10.2008 where the petitioners (objectors in executive proceedings) witnesses were not examined by the court below and such evidence was closed by the impugned order dated 3.10.2008. Learned counsel for the petitioner submits that on the last date 26.8.2008 when the petitioner was present in court and wanted to produce certain documents, last opportunity was given for said purpose, however, unfortunately on that very day the petitioner suffered heart attack and was under medical treatment for considerable period and, therefore, could not produce the additional documents and witnesses. Having heard learned counsel and perusal of the impugned order, this Court is of the opinion that in the interest of justice, the petitioner's witness Hamendra, Lokesh and another witness whose affidavit has already been filed before the learned courts below may be allowed to be produced by the petitioner and cross-examined by the respondents subject to payment of cost of Rs.1,000/-. The said witnesses may be produced on 12.5.2009 when the date is already fixed by the learned trial court. Writ petition is disposed of. Copy be sent to trial court. [ DR. VINEET KOTHARI ], J. itemNo.63 babulal/