1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.2375 of 2008 Shri Maulaso Kasimso Peerjade Petitioner Vs. Shri Dastagir Babaso Jamadar & ors. Respondents Mr.G.M.Savagave for petitioner. CORAM: B.H.MARLAPALLE, J. April 7, 2008 P.C. . Heard Mr.Savagave, the learned counsel for the petitioner who is defendant in Regular Civil Suit No.257 of 1992. The order passed on 20th October 2005 is sought to be challenged after almost about two and half years and on that ground itself this petition deserves to be rejected. . It is evident that the petitioner - defendant for some or the other reasons is trying to delay the trial of the suit which is pending from 1992 onwards. The plaintiff no.2 had filed his affidavit by way of examination-in-chief on 18/10/2004 and no steps were taken by the present petitioner to cross-examine the 2 said witness and, therefore, on 14/2/2004 the trial Court passed an order of "No cross". The defendant filed an application to set aside the said order and it was rejected on 21/9/2005. . The plaintiff filed another witness’s affidavit by way of examination-in-chief on 21/9/2005. The defendant did not choose to cross-examine the said witness and, therefore, for the second witness as well "No cross" order was passed on 28/9/2005. A combined application at Exhibit 62 came to be filed to set aside both these orders. In the impugned order the trial Court noted that when the application at Exhibit 59 was rejected, the same prayer could not have been incorporated in the application at Exhibit 62 and the same was considered only in respect cross-examination of the second witness whose affidavit by way of examination-in-chief was filed at Exhibit 61. By imposing costs the defendant has been allowed to cross-examine the second witness. . The order passed by the trial Court is just and proper and it cannot be termed as grossly erroneous so as to interfere in a petition under 3 Article 227 of the Constitution. . Petition is rejected summarily. Trial of the suit is expedited. (B.H.MARL