1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No.5792/2007 Anil Kushabra Phutane Vs. Snaliaja Babasaheb Welekar and others. ------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. CORAM : A.P. LAVANDE, J. DATED : 20/06/2008. Heard Mr. Lambat, learned counsel for the petitioner. By this writ petition, the petitioner challenges the order dated 30.10.2007 passed by Civil Judge, Sr. Dn. Wardha in Special Civil Suit No. 78/2003 by which the application filed by defendant no.4 objecting to cross- examination of defendant no.1 by the plaintiff has been rejected. According to the Mr. Lambat, who appears for the petitioners-original defendant no.4, defendant no.1 had admitted the claim of the plaintiff in the suit and, therefore, defendant no.1 could not have cross-examined the plaintiff. In support of his submissions, Mr. Lambat relies upon the following judgments:- (i)2004 (2) Civil L.J. 228 (Thota Suryanarayana and another Vs. Kanumuri Sitarama Bapiraju and others) and 2 (ii)AIR 1978 AP 193 (Karumanchi Subba Rao Vs. Yerlagadda Venkatappaiah and others). Perusal of the impugned order discloses that the trial Court has relied upon the judgment of this Court in 2004 (4) Mh.L.J. 620 Sunil Chatrapal Vs. Y.S. Bagde and permitted cross-examination of defendant no.1 by the plaintiff. I find that no jurisdictional error has been committed by the trial Court since the trial Court has relied upon judgment rendered by learned Single of this Court in Sunil Chatrapal's case (supra). Since the issue is covered by judgment of this Court, I am unable to place reliance upon two judgments relied upon by learned counsel for the petitioner. For the reasons stated above, there is no ground to interfere with the impugned order in exercise of extraordinary and discretionary jurisdiction under Article 226 or 227 of the Constitution of India. Hence, the petition is rejected. JUDGE Ambulkar.