1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2652 OF 2009 Gitashri Advertisers & Ors. .. Petitioners. Vs. M/s.Sangam Papers Corporation .. Respondents. Mr.Surel S.Shah for the petitioners. Mrs.Geeta P.Mulekar for the respondents. Coram: D.B. BHOSALE, J. Dated : 17TH AUGUST, 2009 P.C. . Heard learned counsel for the parties. 2. Rule. By consent, rule made returnable forthwith. Learned counsel appearing for the respondents waives service. The petition is taken up for hearing and final disposal at the admission stage itself. 3. By this writ petition, the petitioners have impugned the order dated 19.12.2008 passed by the trial Court on the application at Exhibit-45 in Special Civil Suit No.115 of 2003. The application at Exhibit-45 was filed by the petitioner- defendant for setting aside “No cross” order dated 22.10.2008. Mrs.Mulekar, learned counsel for the respondents fairly submitted that she has no objection for allowing this writ petition and to allow the petitioners to cross examine the 2 plaintiffs’ witness. Keeping that in view and considering overall facts and circumstances of the case I am satisfied that the following order shall meet the ends of justice: The order dated 19.12.2008 and “No cross” order dated 22.10.2008 are set aside subject to payment of the costs of Rs.1,000/- to be paid to the plaintiffs within a period of two weeks from today. The petitioner is allowed to cross examine the plaintiffs’ witness. The trial Court shall endeavour to dispose of the suit expeditiously. Rule is, accordingly, made absolute. No costs. (D. B. Bhosale, J.)