1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2532 OF 2009 The State of Maharashtra Through the Collector, Dhule and another. .. Petitioners Versus Pralhad Bala Gurav, Aged : 70 yrs, Occ: Pensioner, R/o. Plot No.5, Nehru Housing Society, Deopur, Dist. Dhule & Ors. .. Respondents ... Mr. D.R. Kale, A.G.P. for petitioners. Mr. A.P. Borulkar, Advocate holding for Mr. S.V. Gangapurwala, Advocate for Resp. No.1. Mr. A.N. Sabnis, Advocate holding for Mr. S.P. Shah, Advocate for Respondent No.2. ... CORAM : K.K. TATED, J. DATE : 26TH AUGUST, 2009. PER COURT : 1. Rule. Rule made returnable forthwith. Heard learned A.G.P. for the petitioners, learned Counsel for respondent No. 1 and learned Counsel for respondent No. 2. By 2 consent, matter is taken up for final hearing at admission stage. 2. By this petition under Article 226 and 227 of the Constitution of India, the petitioners are challenging the order dated 07-8-2008 passed by the 3rd Joint Civil Judge, Senior Division, Dhule below Exhibit-72 in R.C.S. No.58/2007. The petitioners - original defendants preferred application below Exhibit-72 objecting for calling defendant Nos. 1 and 2 as witnesses of the plaintiff's side. 3. Both the parties agreed that in stead of calling original defendant Nos. 1 and 2 as plaintiff's witnesses, the petitioners to depute Officer from the office of Town Planning, Government of Maharashtra, Dhule and the Officer from the office of Deputy Director, Town Planning, Nashik Division, Nashik, as witnesses for respondents - original plaintiffs. Respondent No. 1 filed pursis to that effect. 3 Same is taken on record and marked as "X" for identification. By consent, Writ Petition is disposed of, on the following terms and conditions. (1) The petitioners agreed to depute the Officer from the office of Town Planning, Government of Maharashtra, Dhule and the Officer from the office of Deputy Director, Town Planning, Nashik Division, Nashik, as respondents' - original plaintiffs' witnesses. (2) Order dated 07-08-2008 passed by the 3rd Joint Civil Judge, Senior Division, Dhule is modified as above. 4. Writ Petition is disposed of accordingly. Rule made absolute in above terms. [ K.K. TATED, J.] sut/AUG09/wp2532.09