:1: :1: :1: FARAD CONTINUATION SHEET IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 1187 OF 2008 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Jyoti Chavan for the petitioners. CORAM: S.C.DHARMADHIKARI, J. DATED: 21ST FEBRUARY,2008. P.C. P.C. P.C. : : : 1. Heard Mrs.Chavan appearing for the petitioner. the petitioner is the original Plaintiff in Civil Suit No. 72 of 2001 which is pending on the file of the Civil judge Senior Division, Ratnagiri. Although, the other defendants have been cross-examined, the request is that one last opportunity be given to cross-examine the Defendant no.1. The Application in that behalf is rejected by the :2: :2: :2: /Trial court. That order has been passed on 19.11.2007. The learned Advocate in all fairness states that the petitioner has cross-examined Defendant no.2 but Defendant no.3 is yet to step into the witness box. In such circumstances, and considering that the impugned order has been passed on 19.11.2007, interest of justice would be subserved, if the petitioner is permitted to file a fresh Application in the Trial Court praying for an opportunity to cross-examine the defendant no.1 and if the evidence of the parties has not been closed, the Trial Court to consider this Application without being influenced by the earlier order and directions, and on its own merits, so also, in accordance with law. Granting this opportunity this petition is disposed off. *********