1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3747 OF 2009 Ramesh Vasant Desai & Anr. .. Petitioners versus M/s.Pradeep Vasant Desai & Ors. .. Respondents Mr.Amit B. Borkar for the petitionres. Mr.Ashutosh M. Kulkarni for respondent Nos.1,2,3 and 5. CORAM : A.S.OKA, J. DATE : 8th September 2009. P.C.: . Heard learned counsel appearing for the petitioners. By earlier order, the writ petition was ordered to be placed for final disposal at admission stage. By the impugned order, the application made by the petitioners (original plaintiffs) for issuing witness summons has been rejected. By earlier orders passed by the trial Court witness summons was ordered to be issued as prayed for by the petitioners. Now the first witness by the petitioners is in the witness box and is under cross-examination. The order impugned is capable of being challenged in an appeal which may be preferred by the petitioners against the decree passed in the suit. Apart from that, the evidence of the witnesses of the plaintiffs is being recorded. The evidence of the defendants is yet to be recorded. The petitioners can cross- examine the witnesses of the defendants and can always issue notice to produce documents. 2 2. In the circumstances, no interference is called for at this stage. By keeping all the rights of the petitioners open, the writ petition is disposed of. (A.S.OKA,J)