907-WP-10158-2026 (C).doc S.S.Kilaje IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10158 OF 2026 Neha Akshar Biyani … Petitioner VERSUS Akshar Krishnakumar Biyani … Respondent _________________________________________________________________ Mr. Sandeep Mishra a/w. Ms. Madhura Mulay, Advocate for Petitioner. Mr. Nitesh Agarwal a/w Mr. Prabhu Godse and Mr. Manish Malpani i/b Nilam for Respondent. _________________________________________________________________ CORAM : SHIVKUMAR DIGE, J. DATE : 8th SEPTEMBER, 2026. P.C. : 1. The challenge in this petition is to the impugned order whereby the learned Judge has rejected the petitioner’s permission to examine six witnesses. 2. It is contention of learned counsel for the petitioner that this Court (Coram :N.R.Borkar, J.) vide order dated 16.04.2026 permitted the petitioner to examine six witnesses. Accordingly, the petitioner had filed an application but the said application is rejected. The petitioner be permitted to examine six witnesses in support of her case and requested to allow the petition. 3. The learned counsel for the respondent strongly objected to SONALI SATISH KILAJE Digitally signed by SONALI SATISH KILAJE Date: 2026.09.11 11:12:58 +0530 907-WP-10158-2026 (C).doc S.S.Kilaje allow the petition on the ground that various applications were filed by the petitioner to examine the witnesses. The petitioner is prolonging the matter. The learned Judge has passed well reasoned order. No interference is required in it and requested to dismiss the petition. 4. I have heard both the learned counsel. Perused impugned order. This Court had permitted the petitioner to examine the witnesses. Accordingly, the application was filed. The learned counsel for the petitioner, on instructions, submits that except these six witnesses, the petitioner is not going to examine any other witnesses. It is settled law that parties must be given fair opportunity to examine witnesses in support of their case. In view of above, I pass following order. ORDER i. Writ Petition is allowed. ii. The petitioner is permitted to examine six witnesses as mentioned in the list. iii. The order dated 11.06.2026 passed by the 4th Jt. Civil Judge Senior Division, Thane, below Exhibit-95 in Marriage Petition No. 57 of 2017 is quashed and set aside. iv. The petitioner shall pay cost of Rs.10,000/- to the respondent. v. The learned Judge shall decide the pending Marriage 907-WP-10158-2026 (C).doc S.S.Kilaje Petition No. 57 of 2017 as early as possible preferably within six months from receipt of this order. 5. Writ Petition is disposed of. (SHIVKUMAR DIGE, J.)