1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.OF 2010 Renukadas Sakharampant Naik ..Petitioner V/s Annasaheb Namdeo Mudgal and others. ..Respondents ......... Mr.P.N. Sonpethakar, Advocate for petitioner. Mr.Bhandari, Advocate for respondent nos.1, 4 and 7. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 7th May, 2010. PER COURT : 1. Mr.Bhandari appears for respondent nos.1, 4 and 7. Mr.Sonpethkar states that respondents are formal parties and that his petition relates to the order dated 4th February, 2010 passed by 5th Joint Civil Judge (J.D.), whereby right to lead evidence is forfeited. 2. At the request of Mr.Sonpethkar, the names of respondent nos.2, 3, 5 and 6 are deleted. 3. By consent, the Petition is being disposed of on the following terms : 2 (a) The impugned order dated 4th February, 2010 is set aside. (b) The petitioner be allowed to lead evidence in the suit on next date scheduled for hearing, if he will pay cost of Rs.2000/- to each of contesting respondent nos.1, 4 and 7 before reopening of Civil Court after current Summer vacation or will pay same directly to the counsel for said respondents. (c) The petitioner shall not seek any further adjournment and in any case, shall complete his evidence within a period of three weeks after appearance on scheduled date. (d) In case, petitioner will not appear and lead his evidence as stated before, the Trial Court will be at liberty to forfeit his right again and thereafter he will not ventilate any grievance. 4. The petition is disposed of accordingly. (V.R.KINGAONKAR) JUDGE gas/wp2285.10