1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7436 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr. Pankaj J Das, for the petitioner. CORAM : D.B.BHOSALE, J. DATE : 01/10/2009 PC: Heard learned counsel for the petitioner. This petition is directed against the order dated 23.6.2009 passed by the Family Court, rejecting the application filed by the petitioner for issuance of witness summons. It appears that a petition, being M.J.Petition No.A-1752 of 2007 filed by the respondent-husband for divorce, was dismissed for default on 25.9.2008. On 24.10.2008 the respondent-husband had filed the application for restoration in which, it seems, he made a statement that on the T 2 dates of hearing, on which the petition was dismissed, he was unwell. These statements, according to the petitioner, are false and in view thereof, she prayed for issuance of witness summons. I have perused the impugned order, the application filed by the petitioner and the respondent’s say. Having considered overall facts and circumstances of the case and for the reasons stated in the order, in my opinion, no case for interference in writ jurisdiction under Article 227 of the Constitution of India is made out by the petitioner. There was hardly any delay in seeking restoration of the main petition filed by the respondent- husband. Having regard to the facts and circumstances of the case, the Family Court shall proceed to decide the main petition expeditiously. With these observations, the writ petition is disposed of. (D.B.BHOSALE, J.) 3 4