1 wp2967.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 2967 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. V.Y. Shinde, Advocate for the petitioners. CORAM : B.P. DHARMADHIKARI, J. DATE : 19TH APRIL, 2011 Petitioners-defendants claimed opportunity to cross examine before adjudication of temporary injunction application at Exhibit-5 filed by the respondents-plaintiffs. That opportunity has been claimed by moving application at Exhibit-32. Trial Court has heard respective parties and passed the reasoned order on 19.03.2011 stating that it will proceed to hear Exhibit-5 and Exhibit-32 together. Ultimately, if it is found, that Exhibit-32 needed to be allowed, it will defer passing of order on Exhibit-5. The petitioners-defendants then sought time from that Court to approach this Court and accordingly the present Petition is filed. 2. Learned counsel contends that the right available to petitioners-defendants to cross examine otherwise is 2 wp2967.11 being defeated in the process. 3. Perusal of the impugned order does not show any such reason. Trial Court has expressly recorded that the Application Exhibit-5 and Exhibit-32 will be heard together and if it is found, that Exhibit-32 needed to be allowed, it will defer passing of order on Exhibit-5. On the contrary it also has given indication that if it rejects the Exhibit-32, it will proceed to pass appropriate orders below Exhibit-5. I therefore do not see any error in the consideration. As there is no jurisdictional error or perversity, the Petition is rejected. No costs. (B.P. DHARMADHIKARI) JUDGE gas/wp2967 .11