: 1 : 7376-11-wp=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7376 OF 2011 M/s. Sadguru Constructions & Anr. .. Petitioners v/s. Ms. Jaimeet Kaur Nirmansingh Sial & Ors. .. Respondents ......... Mr. Manoj M. Gadkari for the petitioners Mr. R.S. Datar for respondent no.1 ......... CORAM : R.Y.GANOO, J DATE : 12th OCTOBER,2011. P.C. : 1. Rule. Rule made returnable forthwith. Learned advocate Mr. Datar waives service on behalf of contesting respondents. By consent, taken up for hearing. 2. In the R.C. Suit No.1160 of 2005 filed in the Court of learned Joint Civil Judge, Senior Division, Pune by the respondent, the respondent filed an Application at Exh.128 calling upon the petitioners to produce various documents set out in the said application dated 6th April, 2011. Learned : 2 : 7376-11-wp=.sxw Joint Civil Judge, Senior Division, Pune by order dated 17th June, 2011 directed the petitioners to produce the original documents on the next occasion. This order dated 17th June, 2011 is challenged in this petition. 3. I have heard learned advocate on both sides. Learned advocate for the petitioners drew my attention to the application at Exh.128 and submitted that the description of the documents in respect of which production is sought is not clear and that is why the petitioners are unable to comply with the order impugned in this petition. 4. After having perused the text of the application at Exh.128, I am in agreement with the submission advanced by learned advocate for the petitioners. The description of the documents ought to have been more clear to enable the parties concerned to identify the said documents so that they can reply as to whether those documents are with them or otherwise. In view of this, the impugned order dated 17th June, 2011 is set aside. The respondent no.1 i.e. plaintiff is now permitted to file a fresh application in the trial Court stating therein the description of the documents, date, parties to the said documents and such other particulars as may be necessary to identify the said documents so that the petitioners can : 3 : 7376-11-wp=.sxw properly reply to the said application. Respondent no.1 shall file such application within a period of four weeks from today. The petition is therefore disposed of by passing following order. ORDER (i) Impugned order dated 17th June, 2011 is set aside. Liberty as mentioned aforesaid is granted to the respondent no.1. With that clarification the petition stands disposed of. There shall be no order as to costs. (ii) Needless to mention that once the application is filed, learned Joint Civil Judge, Senior Division, Pune shall hear and dispose of the said application as expeditiously as possible. (R.Y.GANOO, J.)