- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7733 OF 2008 ----------------------------------------------------- Office Notes, Office Memoranda of Coram, Court’s or Judge’s appearances, Court’s orders order or directions ----------------------------------------------------- ¦ Mr.V.S.Talkute for the ¦ Petitioners. ¦ None for the Respondents. ¦ ¦ ¦ CORAM: ANOOP V. MOHTA , J. ¦ DATED: 26TH NOVEMBER, 2008 P.C.: By this impugned order dated 28-8-2008 the court has rejected the application filed by the defendants who were praying that the Defendant No.6-Municipal Corporation be asked to lead evidence, as according to them the Defendant No.6 colluded with the Plaintiff. The suit is for declaration that the particular construction is illegal. It is difficult to accept this submission at this stage of the proceedings with regard to collusion. That can - 2 - be gone into at the later stage of the proceedings. The Plaintiff has completed his evidence. Now it is the contesting Defendants’ turn to lead the evidence. Any Defendant may choose not to cross-examine that itself cannot be a reason to insist or ask that Defendant to adduce the evidence first. In view of this, there is nothing in this petition to interfere with the interlocutory order in question. Petition is dismissed. (ANOOP V. MOHTA, J.)