IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO.1 OF 2005 -------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Court’s or Judge’s orders orders -------------------------------------------------------------------- Ms.Indrayani Koparkar i/b.Umesh Deshpande for the Appellant. Mr. P.R.Arjunwadkar for the Respondents. CORAM : A.S.OKA, J. DATED : 5TH APRIL 2005. P.C. : Heard Advocates appearing for the parties. Prayer in this application is for transfer of Misc. Application No.224 of 2002 pending in the Court of 3rd Addl. District Judge at Kolhapur, to the Family Court at Pune. It is not in dispute that affidavit of examination in chief of the Respondent is already filed before the learned Add. District Judge. The learned Counsel for the Respondent stated that the Applicant did not cross examine the Respondent and now the application is kept for further hearing on 7.4.2005. 2. The learned Counsel for the applicant stated that as the Applicant could not attend the Court at Kolhapur, she was prevented from cross examining the Respondent. As the learned Additional District Judge has proceeded with the hearing of the application, it will be unjust to exercise powers under Section 24 of the said code. If for certain reasons the Applicant has not cross examined the Respondent, it is always open for the Applicant to make appropriate application to the trial Court for recalling the Respondent for cross examination. 3. Subject to what is stated above, the application is rejected with no order as to costs. (A.S.Oka, J.)