:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2207 OF 2008 Shri Shashikant Laxmanrao Kale ..Petitioner Vs. Sau. Vidya Vasant Chhattre & Ors. ..Respondents Mr. Kiran N. Joshi for petitioner. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. Date : April 01, 2008. Date : April 01, 2008. Date : April 01, 2008. P.C.: P.C.: P.C.: 1. Heard the learned counsel for the petitioner who is the plaintiff in RCS No. 8 of 2005. By the impugned interlocutory order dated 4/1/2008 the application below Exh.48 filed in the said suit by the defendant was allowed but conditionally. The defendant was allowed to cross-examine P.W.1 on the next date and on payment of costs quantified at Rs.1000/- to the said witness. 2. The learned counsel for the petitioner agrees that the next date was 17/3/2008 and on that date P.W.1 could have been cross-examined by the defendant. However, on account of filing of this petition on or :2: about 11/3/2008 it appears that the plaintiff allowed the matter to be adjourned and now the next date is 17/6/2008. 3. It is made clear that on 17/6/2008 if the defendant does not complete the cross-examination of PW 1 and fails to comply with the condition of the costs as set out in the impugned order dated 4/1/2008, the trial court shall proceed further by recording that the defendant did not utilise the opportunity given to him by the impugned order. 4. The record shows that the defendant has been seeking adjournments almost on every date and it would be, therefore, necessary to direct that the suit is heard and decided within a fixed period. 5. Hence, the petition is disposed off with the above clarifications and with a further direction that the RCS No. 8 of 2005 be heard and decided expeditiously and preferably by 31/8/2008. Writ to go to the trial court forthwith. :3: (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)