1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Writ Petition No.1914/2010 ( Purushottam S/o Dharmaji Kulmethe & others -: versus :- Sadashiv S/o Shivaji Donadkar & another ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri Rohit Joshi, Adv. for petitioner. Shri S. Borkar, Adv. for respondent nos.1 and 2. CORAM : B.P. DHARMADHIKARI, J. DATED : JULY 15, 2010. Heard Adv. Shri Joshi for petitioner and Adv. Shri Borkar for respondent nos.1 and 2. Adv. Shri Joshi contends that Court Commissioner was appointed and after his report came, petitioner/defendant sought amendment to his counter claim which was also granted. In this view of matter his contentions is observation that since 2 years no steps were taken by petitioner/defendant are irrelevant. He further states that the respondent/plaintiff has closed the evidence in 2009 and the same Court accommodated respondent by giving about 26 adjournments. Adv. Shri Borkar is disputing this position. However, after hearing the parties, I do not find it necessary to go into this controversy. The respondent/plaintiff is in possession and hence by granting opportunity to petitioner/defendant to tender his evidence no prejudice is caused to respondents. The facts show that 2 the Trial Court found that petitioner was unnecessarily seeking adjournment. In the interest of justice, the said order dated 16/4/2010 is quashed and set aside. The list of witnesses submitted by petitioner/defendant is permitted to be taken on record and the petitioner/defendant is permitted to enter witness box and to examine his witnesses as per law. As rightly pointed out by Adv. Shri Borkar that there is no necessity for cross examination of Court Commissioner. Hence that request is rejected. The liberty is subject to payment of costs of Rs.1,500/- (Rs. One Thousand Five Hundred Only) by petitioner to respondent nos.1 and 2 by 31st of July 2010. If the said cost is paid, the Trial Court shall proceed further with the matter as above. Rule made absolute accordingly. JUDGE Tambaskar.