:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7798 OF 2006 WRIT PETITION NO.7798 OF 2006 WRIT PETITION NO.7798 OF 2006 Shri Sadashiv Balkrishna Yalgulwar ..Petitioner. Vs. Smt.Rajnibai Anil Alandkar & Ors. ..Respondents. Mr.Surel S. Shah for the Petitioner. Mr.Shrishail Sakhare for Respondent Nos.1 to 3. CORAM : A.S. OKA, J. CORAM : A.S. OKA, J. CORAM : A.S. OKA, J. DATED : 11TH JUNE, 2006 DATED : 11TH JUNE, 2006 DATED : 11TH JUNE, 2006 P.C. : P.C. : P.C. : Heard the learned Advocates appearing for the Petitioner and Respondent Nos.1 to 3. 2. Considering the controversy involved in the Writ Petition, the same will have to be decided at the admission stage. Considering the nature of the impugned order, service of notice to fourth Respondent is dispensed with. By consent, the Writ Petition is taken up for final hearing. 3. The Petitioner, who is the first Defendant, has challenged order dated 30.8.2006 passed by the trial Court on an Application at Exhibit "42". After arguing the petition for some time, the learned :2: counsel appearing for the Respondent Nos.1 to 3 (original Plaintiffs) submits that the said Respondents will have to take out an application for leave to deliver interrogatories as required by the provisions of Order 11 of the Code of Civil Procedure, 1908. He therefore submits that the impugned order may be set aside by granting liberty to the said Respondents to apply for leave to deliver interrogatories. 4. In view of this submission, the Writ Petition is disposed of by passing the following order :- i) The impugned order dated 30.8.2006 is quashed and set aside. ii) It will be open for the Respondent Nos.1 to 3 to apply before the trial Court for grant of leave to deliver interrogatories in writing. iii) If such an application is made, the trial Court to decide the same in accordance with law. :3: iv) The Writ Petition is partly allowed in the above terms. No order as to costs. v) All contentions of the parties on merits are kept open. (A.S. OKA, J.)