1 wp1893-11 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 1893 OF 2011 Dadaram Martand Wagh .. Petitioners and others Versus Rangubai laxman Wagh and others ... Respondents Mr. Rahul S. Kadam for the petitioners Ms. Manjiri Parasnis for respondent Nos. 1 to 5 CORAM : R. Y. GANOO, J. DATED : 27th September, 2011 P.C. P. C. 1. Rule. Rule made returnable forthwith. Learned Advocate Ms. Manjiri Parasnis waives service of notice on behalf of contesting respondent nos.1 to 5. By consent, petition is taken up for final hearing forthwith. 2. The petitioners have filed Special Civil Suit No. 91 of 2007 in the Court of Civil Judge, Senior Division, Baramati. In the course of the trial, the petitioners wanted to examine a person with production of certain records available with Chatrapati Sahakari Sakhar Karkhana 2 wp1893-11 Ltd., Bhawaninagar and for that, an application for issuance of summons was filed. That application was rejected by an order dated 22nd February, 2001 against which, this petition is filed. 3. Heard learned advocates for the parties. Perused the impugned order. 4. It is difficult to sustain the impugned order for the reasons given. The right of the party to examine such of the witnesses is well accepted. May be that in a given case, a party has not given the list of witnesses, the court cannot be over sensitive and technical about this aspect of the matter. Normally, in the interest of justice, the application should have been granted. Hence the impugned order dated 24th February,2011 will have to be set aside. Hence the following order : i. The order dated 22nd February, 2011 passed below Exh.77 in Special Civil Sit No. 91 of 2007 is set aside. ii. Learned Judge before whom the application Exh.77 is filed will peruse the said application and issue appropriate summons. iii. The petition is disposed with no order as to costs. (R. Y. GANOO, J.)