1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4935 OF 2008 (Shivratan Ramdeoji Chitlange vs. Vidyasagar Kisansa Paralkar & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DECEMBER 18, 2008. Heard Shri Deopujari, learned counsel for the petitioner – original defendant No.3 and Shri Amle, learned counsel for respondent No. 2. Nobody appears for respondent No. 1, though notice for final disposal is served upon him. The proceedings in Special Civil Suit No. 54 of 1999 have been stayed by the Civil Judge, Senior Division, Khamgaon, because of pendency of Regular Civil Appeal under Section 10 of Civil Procedure Code. The petitioner moved application for completion of his cross examination pointing out that he is about 82 years of age and if cross examination is not recorded, prejudice may be caused to the parties to the suit. Present respondent No.2, who had moved the application under Section 10 of Civil Procedure Code also gave no objection for recording his cross objection. During arguments, Shri Amle, learned counsel stated that Respondent No.2 also wants suit to proceed further. He states that by consent of parties, 2 order under Section 10 be set aside. However, I find that the plaintiff i.e. Respondent No.1 is not appearing in present matter and the proceedings or nature of proceedings pending in Appeal is not on record before me. In the circumstances, the impugned order dated 18.9.2008 is hereby set aside and the Court below is directed to record cross examination of the present petitioner Shri Shivratan Chitlange as early as possible. It is open to the present petitioner and Respondent No.2 to move appropriate application before the trial Court to point out that Respondent No.2 wants suit to be prosecuted further. If such a request is made before the trial Court, the trial Court shall pass appropriate orders upon it as early as possible. If the trial Court finds that suit can be taken up as Respondent No.2 is not pressing his request for stay under Section 10 of Civil Procedure Code, the trial Court to decide the suit finally as early as possible and in any case by 31.7.2009. Writ Petition is thus allowed. However, in the circumstances of the case, there shall be no order as to costs. JUDGE *GS.