Smt. Yashoda Wd/O Nago Lilhare and Others vs Assistant Forest Conservator (Tendu and Campa), Gondia and Another — Bombay HC (2025) — LawSathi Research

Smt. Yashoda Wd/O Nago Lilhare and Others vs Assistant Forest Conservator (Tendu and Campa), Gondia and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief; petitioner left at liberty to file the witness-summons application afresh during the trial if occasion arises; no order as to costs.

Issue for consideration

Whether the writ petition challenging the Trial Court's rejection (order below Exh.52 dated 07.08.2024) of the petitioner's application for issuance of a witness summons to call Surveyor Mr. N.B. Bagde in Regular Civil Suit No.188/2023 should succeed at the preliminary stage of the suit.

Court's answer

Filing an application for issuance of a witness summons at such a preliminary stage of the suit — while the temporary injunction application (Exh.5 dated 31.07.2023) remains undecided — is not proper; it can be considered by the trial Court after the petitioner has led the evidence to that effect.

Ratio / Principle

Not inclined to consider the petitioner's prayers at this stage; the petitioner may file the summons application afresh if occasion arises during the trial, and the Trial Court is directed to decide any such application on its own merits.

Detailed headnote1 paragraphs

Witness summons — premature application — Writ Petition No.5105 of 2024 (neutral citation 2025:BHC-NAG:10902) dismissed by the High Court of Judicature at Bombay, Nagpur Bench (Siddheshwar S. Thombre, J.) on 13 October 2025. The petitioners challenged the order below Exh.52 dated 07.08.2024 passed by the Civil Judge Senior Division, Gondia in Regular Civil Suit No.188/2023, rejecting their application for issuance of a witness summons to call Surveyor Mr. N.B. Bagde. Observing that the suit was at a preliminary stage with the temporary injunction application dated 31.07.2023 (Exh.5) still undecided, the Court held that filing a witness-summons application at so preliminary a stage was improper and could be considered only after the petitioner had led the relevant evidence. Declining to entertain the prayers at that stage, the Court permitted the petitioner to file the application afresh if occasion arose during the trial and directed the Trial Court to decide such an application on its own merits. Writ petition dismissed with no order as to costs.

2025:BHC-NAG:10902

1 94-WP-5105-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

WRIT PETITION NO.5105 OF 2024

Smt. Yashoda Wd/o. Nago Lilhare and Others Vs.

Assistant Forest Conservator (Tendu & Campa) and Another

Office Notes, Office Memoranda Court's or Judge's orders of Coram, Appearances, Court's orders or directions and Registrar's orders

Mr. A.N. Vastani Advocate for the Petitioners. Mr. A.A. Madiwale, AGP for the Respondent/State.

CORAM: SIDDHESHWAR S. THOMBRE, J . DATED : 13th OCTOBER, 2025

Heard Mr. A.N. Vastani, learned counsel for petitioners and Mr. A.A. Madiwale, learned AGP for respondent/State.

The petitioners are challenging the order passed below Exh.52 dated 07.08.2024 passed by the learned Civil Judge Senior Division, Gondia in Regular Civil Suit No.188/2023 rejecting, the application filed by the petitioner for issuance of witness summons for calling upon the Surveyor Mr. N.B. Bagde. The said application was opposed by the defendants before the learned Trial Court. The learned Trial Court recorded the finding that the plaintiff may call him as a witness during the trial.

With assistance of the learned counsel for both the parties, I have gone through the documents which are available on record and I find that the application for

2 94-WP-5105-2024.odt

temporary injunction dated 31.07.2023 at Exh.5 is yet to be decided. Filing an application for issuance of witness summons at such preliminary stage is not proper. This can be considered by the learned trial Court after the petitioner has led the evidence to that effect.

In view of that, I am not inclined to consider the prayers of the petitioner at this stage. However, the petitioner may file an application afresh, if occasion arises, during the trial. Learned Trial Court is hereby, directed to decide the such application on its own merits. 5. In view thereof, the present writ petition is dismissed. No order as to costs.

(SIDDHESHWAR S. THOMBRE J.)

𝒫𝓇𝒾𝓋𝑒𝓁