-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Civil Application No.2096 of 2007 in Writ Petition No.3348 of 1998 Mrs.Jayshree Manohar Gokhale ..Petitioner vs. Smt.Sudha Shamrao Naik and others ...Respondents Shri Prathamesh Bhargude i/b Shri Sugandha Deshmukh for petitioner/applicant. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 13th February, 2008 13th February, 2008 13th February, 2008 P.C. P.C. P.C. 1. This writ petition is filed in the year 1998 against the order passed by the Trial Court refusing permission to the petitioner/original plaintiff to examine the witness as prayed in the application filed. 2. The matter discloses a sorry state of affairs because even this writ petition which is filed in the year 1998 has not been either admitted or disposed of for the last 10 years. 3. The petitioner has got the suit stayed by virtue of ad-interim order passed by this Court. -2- 4. The petitioner is a landlady who has filed an application in her suit being suit No.130 of 1996 for reissuance of summons to the witness. The suit is filed by her on the ground of her requirement. 5. Instead of restoring the writ petition against some of the respondents and granting prayers in the Civil Application I have heard the learned Advocate appearing for the petitioner on the writ petition itself. Instead of summoning the concerned respondents to this Csourt after 10 years and nearly after a decade after the order passed by the Trial Court, interest of justice would be subserved if the petititoner/plaintiff is permitted to file fresh application for issuance of summons to the witnesses whose names shall be set out in the list to be handed over prior to the application being made. If the list of witnesses is handed over in advance and the application is made for issuance of summons, the Trial Court to grant the said application provided the petitioner serves the summons or takes steps in that behalf within a period of six weeks from the date the summonses are issued. If no application is -3- filed nor any list of witness is submitted to the Court, then, the impugned order stands and Trial Court to proceed with the suit as expeditiously as possible. The petition is dismissed. 6. In view of disposal of the writ petition civil application does not survive and hence disposed of as such. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)