1 5568.11-wp IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE JURISDICTION. WRIT PETITION NO. 5568 OF 2011 Shri Rokdoba Devsthan Trust and others. ... Petitioners. V/s. Shri Chintaman Ganpat Gurav (Shelar) (Since deceased through his Legal Heirs) Smt.Tarabai Chintaman Shelar and others ... Respondents. V.B.Tapkir for the petitioners. Drupad Patil for respondent Nos.3(i) & 3(ii). CORAM: R.M.BORDE, J. DATED : 23rd August 2011. P.C. : The application tendered by the petitioners/ original defendants for setting aside “No cross order” passed in relation to the witness examined by the plaintiffs has been turned down by the trial Court. The said interim order is a subject matter of challenge in this petition. It is informed that the plaintiffs examined one witness, however, as the defendants could not cross-examine him on the given date, the trial Court passed an order of “no cross”. An application was tendered by the petitioners to set aside the said order, however, the trial Court rejected the said application for the reason that the witness who was sought to be recalled for the purpose of cross-examination is no 2 5568.11-wp more alive. Even if the order of “no cross” passed by the trial Court on 25th July 2006 is set aside, since the witness is dead, he cannot be called for cross-examination. The testimony of the witness cannot be said to have gone unchallenged merely because there is an order of `no cross’ passed by the trial Court on 25th July 2006. The fact remains that the defendants tendered an application for setting aside the said order of no cross and the application was not considered for the reason that the concerned witness was dead. Therefore, the trial Court shall not treat the examination of the said witness as having gone unchallenged in these peculiar circumstances. In view of the observations made above, no further interference with the impugned order is called for. Writ petition stands disposed of accordingly. There shall be no order as to costs. (R.M.BORDE, J.)