98-WP-16891-2025 (C).doc Tikam IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 16891 OF 2025 Kishor Parshuram Dhumal Versus Anjali Kishor Dhumal _________________________________________________________________ Mr. Sujay H. Gangal a/w. Swaraj M. Savant, for Petitioner. Ms. Trushna Timir Shah for Respondent. _________________________________________________________________ CORAM : SHIVKUMAR DIGE, J. DATE : 31st JULY, 2026. P.C. : 1. Heard learned counsel for the Petitioner and Respondent. 2. The challenged in this petition is the impugned order passed by the Learned Family Court below Exhibit 159 whereby the learned Family Court has rejected the application filed by the Petitioner to examine five witnesses in support of his case. 3. Learned counsel for the Respondent has strongly objected to allow the petition on the ground that the said application was filed after more than 2 years’ delay and no sufficient cause is given to examine the witnesses. The learned Family Court has passed well reasoned order and requested to dismiss the petition. 4. I have heard both learned counsel. Perused the impugned VAISHALI ANIL TIKAM Digitally signed by VAISHALI ANIL TIKAM Date: 2026.08.04 15:26:38 +0530 98-WP-16891-2025 (C).doc Tikam order. Issues are framed, Petitioner wants to examine witnesses in support of his case. The Family Judge has rejected the application on the ground that such application is supposed to be filed within 15 days after framing of the issues and it was filed with unreasonable delay of 2 ½ years. In my view yet evidence of petitioner is not started and petitioner is seeking to examination witnesses in support of his case. Hence I pass following order: ORDER (i) Petition is allowed. The impugned order below Exhibit 159 is quashed and set aside. The petitioner is permitted to examine five witnesses mentioned in application. (ii) Petitioner shall pay the cost of Rs.10,000/- to the Respondent. (SHIVKUMAR DIGE, J.)