1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 6784 OF 2009 Sarubai w/o. Baburao Gaikwad ....Petitioner. Versus Gayabai w/o. Dattatraya Gange & anr. ....Respondents. Shri. N.L. Jadhav, Advocate for petitioner. Shri. S.S. Choudhari, Advocate for respondent No. 1. Shri. Vivek Bhavthankar, Advocate for respondent No. 2. CORAM : R.K. DESHPANDE, J. DATE : 11th June, 2010. PER COURT : 1. This writ petition challenges the order dated 11.9.2009 passed by the learned Civil Judge, Senior Division, Ambajogai below Exh. 139 filed in Regular Civil Suit No. 225/2000. The application filed by the defendant No. 2 for permission to cross examine the defendant No. 1 has been rejected by the Trial Court by the impugned order, on the ground that the defendant No. 2 has admitted the claim of the plaintiff and the defendant No. 1 has not claimed any relief against the defendant No. 2. The Trial Court has held that there is no right to cross examine by the 2 defendant No. 2 to the defendant No. 1. 2. Shri. Jadhav, the learned counsel appearing for the petitioner has urged that the right to cross examine subsists in the defendant No. 2, who is the petitioner before this Court. In my view, the order impugned in this writ petition is interlocutory in nature and if the decision ultimately goes against the defendant No. 2, it will be open for him to raise this issue in appeal. Hence, there is no reason to interfere in the impugned order. The petition is dismissed. [ R.K. DESHPANDE, J. ] ssc/wp6784.09