1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION JUDGES ORDER NO.404 OF 2009 IN SUIT NO.2869 OF 1986 Mrs.Sumati Parshuram Tawde & Ors. ...Plaintiffs vs. Mrs.Purnima Vilas Tawde & Ors. ...Defendants Mr.A.H.Shukla i/b M/s.Shukla & Shukla for the plaintiffs Mr.S.A.Bhagwat for the defendant nos.1A to 1E Mr.H.P.Ghadigaonkar for defendant no.6 CORAM :A.S.OKA,J. DATE : DECEMBER 2, 2009 P.C. 1 The prayer in the application for issuiing Judges Order is for issuing warrants to the Talathi of Karnala, Village Kalhe, Taluka Panvel and Talathi of Valiye, Taluka Rajapur, District Ratnagiri. The contention of the learned counsel for the plaintiffs is that under the order dated 25 th March 2009 witness summons was issued to the aforesaid persons and notwithstanding the service of witness summons, they have not appeared. The learned counsel for the plaintiffs pointed out that under the order dated 25 th March 2009, the summons was made returnable on 16 th June 2009. There is no statement made in the affidavit in support that the suit appeared on board on 16 th June 2009 and the witnesses failed to appear. In fact, the order sheet shows that the suit did not appear on board on 16 th June 2009 and as a matter of 2 fact it appeared on board on 18 th June 2009. Hence warrant cannot be issued as of today. Under these circumstances, the application for Judges Order is rejected. It will be open for the plaintiffs to apply for issuing a fresh witness summons. JUDGE