1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 8537 OF 2009 Mohmad Yunus s/o Mohmad Osman .. PETITIONER VERSUS Md. Shafi s/o late Masheeruddin Kazi & others .. RESPONDENTS Mr. N.S. Mangsinghkar Advocate holding for Mr. P.N. Surwase, Advocate for the petitioner. ===== CORAM : R. M. BORDE, J. DATE : 23rd MARCH, 2010 PER COURT : 1 Interlocutory order passed by the trial court during the pendency of the petition is challenged in this petition. 2 The petitioner presented an application seeking directions against the defendants to take necessary steps for keeping defendant no. 3 present before the court. The trial court has rejected the application observing that already 'no written statement' order is passed against defendant no. 3 and the suit is directed to be proceeded in his absence. The application 2 presented by the petitioner at exh. 58 is misconceived. In this view of the matter, no interference is called for in the instant petition in exercise of extra ordinary jurisdiction under Article 227 of the Constitution of India. Petition therefore stands rejected. 3 In view of dismissal of petition, pending civil application, if any, stands disposed of. ( R. M. BORDE, J.) dyb/office/wp8537.09.odt