1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 4272/2008 Ramdas R. Gawande & ors...vs..Gulabrao J. Misal & ors. ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Shri A. P. Tathod, Adv. For petitioners. Shri R. D. Bhuibhar, Adv. For R. Nos. 1 to 5. CORAM : B. P. DHARMADHIKARI, J. Dated : 10th December, 2008. Advocate Tathod seeks time to serve respondent Nos. 6 and 8. The learned counsel for respondent Nos. 1 to 5(Original plaintiff) states that the suit is of the year 1998. After hearing the parties, I find that because the defendant No.2 (present petitioner) did not reserve the right and did not obtain consent of the Court before cross examining the Surveyor, the Court below, therefore, did not permit him to enter into the witness box. At this stage, I am not inclined to interfere in writ jurisdiction. The suit is of the year 1998, the petitioner-defendant No.2 is at liberty to challenge the impugned order dated 12/9/2008 passed below exhibit 169 after the suit is finally decided, if contingency arises. The writ petition is disposed of. No costs. JUDGE Andurkar.