1 wp8719.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 8719 OF 2010 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. M.M. Bhokarikar, Advocate for the petitioners. Mr. V.P. Patil, Advocate for respondent. 1. Heard Advocates Mr. Bhokarikar for petitioners- defendants and Mr. Patil for respondent-plaintiff. The respondent examined the Surveyor and the map drawn by him has been exhibited as Exhibit-72. It bears the signature of Surveyor. After his cross examination, the respondent-plaintiff moved another application pointing out that on the said map the signature of Higher Officer namely T.I.L.R. was inadvertently left out and hence, the respondent wanted to produce the copy of map signed by that authority and in order to prove it, again wanted to recall the Surveyor. Application was opposed by the present petitioner and the trial Court has allowed that application. 2. Perusal of examination in chief and cross of said 2 wp8719.10 Surveyor, Mr. Valmik Sonar does not show any ambiguity or then need for recall. The recall is sought for proving signature of Competent Authority and admittedly it is not the said witness. 3. View taken by the trial Court and grant by it of permission to recall the said witness is therefore unsustainable as the said exercise will not be decisive of controversy. 4. Hence with liberty to respondent-plaintiff to move appropriate application/applications before the trial Court for said purpose, the order dated 24.02.2010 is quashed and set aside. The Petition is thus partly allowed. No costs. (B.P. DHARMADHIKARI) JUDGE. 10.02.2011 gas/wp8719.10