1 208 wp 1849.07.doc srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1849 OF 2007 Bhau Vishnu Shelke & Anr. ... Petitioners Vs. Pundlik Kashinath Bhoir & Ors. ... Respondents. Mrs. Gauri Godse for the petitioners. None for the respondents. CORAM : D.B.BHOSALE, J. DATED : 20/09/2010 PC: 1. By this Writ Petition under Article 227 of the Constitution of India, the Petitioners-Plaintiffs have challenged two orders, both dated 05.03.2007 and 07.03.2007, passed by the Principal District Judge, Raigadh at Alibag on the applications at Exhibit 11 and Exhibit 14 respectively in Miscellaneous Appeal No. 1 of 2007. 2 The Petitioners instituted a suit for declaration and injunction being Regular Civil Suit No.58 of 2006. In the said suit, the Petitioners had filed an Application for temporary injunction (Exhibit 5). That Application was allowed by the trial court vide order dated 24.11.2006. Against this order the respondents-defendants preferred Civil Miscellaneous Appeal No. 1 of 2007 before the Principal District Judge, Raigadh at Alibagh. In this Appeal the defendants filed an 2 208 wp 1849.07.doc application at Exhibit 11 seeking issuance of witness summons to Taluka Inspector of Land and Records (T.I.L.R.) and for production of certain documents. That application was filed on 05.03.2007. According to the Petitioners the Application was allowed without issuing notice to the Petitioners and/or without inviting their say to the application by the learned judge on 05.03.2007. In view thereof, the Petitioner filed an application at Exhibit 14 on 07.03.2007 objecting for issuance of witness summons in view of the order dated 05.03.2007 passed on the application Exhibit 11. Petitioners application at Exhibit 14 also came to be rejected by the Principal District Judge, Raigadh at Alibag vide order dated 07.03.2007. Though the order on the application Exhibit 14 was passed by the learned judge after hearing both the sides, there does not appear to be any dispute that the order dated 05.03.2007 on the application at Exhibit 11 was passed without hearing the Petitioners and/or seeking their say. In the circumstances, I am satisfied that the following order shall meet the ends of justice: i) The order dated 05.03.2007 on Exhibit 11 application and order dated 07.03.2007 on Exhibit 14 application are set aside. The applications at Exhibit 11 and Exhibit 14 are restored to file. ii) The appeal court shall endeavour to decide the applications at Exhibit 11 and on Exhibit 14 together afresh, after giving an opportunity of being heard to both the sides as expeditiously as 3 208 wp 1849.07.doc possible and preferably within a period of two months from the date of receipt of this order. iii) The Petitioner is directed to produce a copy of this order before the learned Judge within a period of two weeks from today. 3 Rule is accordingly made absolute. 4 No costs. (D.B.BHOSALE, J.)