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Bombay High CourtWP/9783/2018disposed offdismissed for default

Narmadabai Bharatsing Pardeshi Through Lrs Rajendrasing Bharatsing Pardeshi And Another v. Shaamir Khan Shabbir Khan Pathan And Another

2018-08-28Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9783 OF 2018 (Narmadabai Bharatsing Pardeshi and another Vs. Shaamir Khan Shabbir Khan Pathan and another) Mr.S.R.Patil, Advocate for the petitioners.

( CORAM : Ravindra V.Ghuge, J.) DATE : 28/08/2018 PER COURT :

1.

The petitioners, who are original respondents, are aggrieved by the order dated 20/03/2018 passed by the Trial Court in Misc.Appl.No.2/2012 (Old No.70/2007), by which the Trial Court has issued witness summons to a witness which the original applicant seeks to examine. The petitioners are aggrieved by the impugned order on the basis of the 8 grounds formulated in the memo of the petition. With the assistance of the learned Advocate for the petitioners, I have gone through the said grounds and have considered the impugned order.

2.

I do not find that the impugned order could be termed as being perverse or erroneous merely because a different view is sought to be taken by these petitioners. The said witness would be available for khs/AUGUST 2018/9783-d

cross-examination and the petitioners would be at liberty to cross examine him on the basis of his deposition.

3.

This petition, being devoid of merit, is therefore, dismissed. ( Ravindra V.Ghuge, J.) by Kranti Hansraj Shekatkar Date: 2018.08.29 10:55:00 +0530 Kranti Hansraj Shekatkar khs/AUGUST 2018/9783-d