:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 2724 OF 2007 Shri Kailash Jagannath Patil ...Petitioner Versus Shri Uttam Baburao Gaikwad ....Respondents Anilkumar Patil, Adv. for the petitioners. Shri T.N.Sonawane for the respondents. CORAM: S.C.DHARMADHIKARI, J. 7th January, 2008. P.C. P.C. P.C. : : : 1. Heard learned counsel for the parties. 2, I have perused the petition and the annexures thereto. There does not appear to be any basis for the :2: :2: :2: apprehension of the present petitioner that the suit will not proceed as a Summary Suit. The Trial Court has observed that no Summons for judgement was served, despite, the defendant filing his appearance to the knowledge of the present petitioner. 3. After taking instructions from the petitioner/original plaintiff, Mr.Patil states that he would take out and serve a Summons for judgement on the defendant/respondent before me within a period of four weeks from today. If such Summons for Judgement is taken out and copy is served on the other side the Trial Court to grant opportunity to the respondent/defendant to apply for leave to defend and pass appropriate orders on the Summons for judgment in accordance with law. 4. If the Summons for Judgment is not taken out within the period aforesaid, then, the order passed by the Joint Civil Judge Junior Division, Nashik on 14.12.2006 below Exhibit-11 stands and the suit thereafter to proceed as an ordinary summary suit. :3: :3: :3: 5. All contentions of the parties, insofar as, the maintainability of the suit and merits are kept open for being urged at an appropriate stage. ********