FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders W. P. NO. 6679/2009 1. Heard learned counsel Mr. Patil for the petitioners and Mr. Bhange for respondent No.1. 2. Special civil suit No.61/2006 is pending in the trial court. It is for specific performance of the contract. Present petitioners are defendants in the suit. Petitioners have filed an application in the trial court with a request that their witness D.W. No.2 be declared as hostile and they be permitted to cross examine D.W.No.2, namely Ramrao Sadhu Mundhe. This application has been rejected by the trial court on24.08.2009. Observation of the trial court is that the cross examination and re- examination of this witness has already been completed prior to 2 to 3 dates back and there is no scope for re- examination. Mr. Patil, the learned counsel submits that he is having certified copy of ther order impugned in this writ petition, passed below exh.83 in Spl. C. S. No. 61/2006 and informed that observation of the learned judge is “in this case cross examination and re examination of this witness has already been completed prior to 2 to 3 dates back” is incorrect. However, it is a mistake committed by the learned judge. Factually affidavit of the witness has been filed on behalf of petitioners and said witness has been cross examined on behalf of the plaintiffs. However, no re examination was carried on behalf of the present petitioners. 3. Primafacie, this court would accept the observation made by the trial court in a certified copy made available to the court. In this view of the matter, it is not possible to endorse submission of learned counsel for the petitioner. This petition is devoid of substance. 4. Writ petition, therefore, stands rejected without any order as to costs. Mr. Patil, learned counsel for the petitioner seeks liberty to apply in the trial court seeking correction. In view of the provision of Code of Civil Procedure such liberty is granted. Learned Judge shall consider the application, if filed by the petitioner, in accordance with the provisions of law and after hearing the parties shall pass appropriate order. [ S. B. DESHMUKH, J. ) ... Dt : 13.01.2010 aaa/6679.09