:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 454 OF 2008 Mr. Prakash Anant Vankudre ..Petitioner Vs. 1. Mr. Bapusaheb Malgonda Patil and ors. ..Respondents Mr. Sameer Walvekar i/by Mr. S.S. Tambekar for petitioner. Mr. Surel S. Shah for respondent no.1. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. Date : April 11, 2008. Date : April 11, 2008. Date : April 11, 2008. P.C.: P.C.: P.C.: 1. Heard the learned counsel for the petitioner, who is defendant no.2 in Regular Civil Suit No. 733 of 2002. In the said suit the defendant no.1 was under cross-examination and the trial court called upon the defendant nos.2 and 3 to proceed with the cross-examination of defendant no.1 before the plaintiff is called upon to cross-examine the defendant no.1. The defendant nos.2 and 3 opposed this and, therefore, by the impugned order dated 9/10/2007 the court held that it was necessary for the defendant nos.2 and 3 to cross-examine the defendant :2: no.1 before the plaintiff’s start his cross-examination. 2. There is no doubt that defendant no.3 is the purchaser of the suit property or part of it from defendant no.2. The defendant no.2 has filed his Written Statement and it is clear that defendant nos.1 and 2 have a common plea of opposing the suit. The trial court, therefore, held that it would be prejudicial to the interest of the plaintiff if he is called upon to commence the cross-examination of defendant no.1 before the same is done by the defendant nos.2 and 3. Having regards to the stand of defendant nos.1, 2 and 3 before the trial court, the learned Judge was justified in passing the impugned order and calling upon the defendant nos.2 and 3 to commence with the cross-examination of defendant no.1 prior in time of the plaintiff. The said order cannot be termed as perverse or erroneous so as to call for interference under Article 227 of the Constitution. 3. Petition is rejected. :3: (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)