:1: :1: :1: 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. 4691 OF 2007 Laxminarsu Ambayya Kandikatala ...Petitioner Versus Mohammed Mustafa Haji Pir Mohammad and Ors. ....Respondents WRIT PETITION NO. 4692 OF 2007 Sharonappa Nagappa Durlekar ...Petitioner Versus Baburao Mahadeo Ravan & Ors. ....Respondents Mr.Khardi Adv. for the petitioners. Ms.P.S.Cardozo, AGP for respondent no.4. CORAM: S.C.DHARMADHIKARI, J. 16th January, 2008. P.C. P.C. P.C. : : : 1. Mr.Khairdi, appearing for the petitioners in both petitions, states that the contesting respondents have been served by him privately. He undertakes to file an Affidavit proving service within a period of one week from today. :2: :2: :2: 2. In he peculiar facts of this case and when the petitioner has shown sufficient cause for not being able to cross-examine the witnesses, the petitioners ought to have been given an opportunity by the Divisional Commissioner, Pune Division, Pune before whom the Election Petition No. 13 of 2005 is pending. 3. None appears before me to controvert the statements and averments in the Writ Petition, so also, the applications which were filed before the Divisional Commissioner, Pune. Since the petitioners had prayed to the Trial Court to recall the order of "no cross" on the ground of illness of their advocate, interest of justice would be subserved, if the order under challenge is set aside and the petitioners are allowed to cross-examine the witness examined by election petitioners provided they appear before the Divisional Commissioner, Pune on 28.1.2008 and thereafter co-operate in the disposal of the election dispute/petition by remaining present and not seeking unnecessary adjournments. In the peculiar facts of this case and when none is present despite notice, there shall be no order as to costs. :3: :3: :3: sd/- *********