FARAD CONTINUATION SHEET NO: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO.8562 OF 2007 -----------------------------------:------------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : -----------------------------------:------------------------------------- Mr.S.M.Railkar for the petitioners. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. DATED: 11TH FEBRUARY, 2008 DATED: 11TH FEBRUARY, 2008 DATED: 11TH FEBRUARY, 2008 P.C.: . Heard learned counsel for the petitioners. 2. This writ petition impugns an order dated 16.7.2007 passed by the trial Court on the application at Exhibit-119 in regular civil suit no.90 of 1991 by which the petitioner had prayed for issuance of witness summons to the Court Commissioner, namely, DILR, who was appointed as court commissioner in regular civil suit No.90 of 1991 and had filed his report which according to the petitioners is relevant for deciding the instant suit. As a matter of fact it was not necessary for the petitioners to seek issuance of witness summons and they could have made an application for issuance of summons to produce the said report which is a part of regular civil suit no.90 of 1991, pending in the very same court. Though I am not inclined to interfere with the order impugned in the present writ petition, in my opinion, the justice would be met if the petitioners are allowed to file fresh application seeking issuance of summons for production of the said Court Commissioner’s report in the instant suit. If such an application is filed same may be considered in accordance with law. With these observations the writ petition is disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)