1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7208 OF 2011 Mr.Baban Maruti Khese & Others ...Petitioners Versus Mrs.Sarubai Damaji Khandve & Others ...Respondents Mr.M.J.Jamdar for the Petitioner Mr.Ravi Kadam, Sr. Counsel for the Respondent No.1 to 3 Mr.V.B.Naik with Ms. Manjiri Parasnis for the Respondent nos.12 and 13 CORAM:- R.Y.GANOO, J. DATED:- 18th OCTOBER, 2011. P.C. 1. Heard learned Advocates on both sides. Issues have been framed in Special Civil Suit No.835 of 2006 and the present petition though filed by as many as 13 persons, was ultimately for the benefit of the petitioner no.2. According to the petitioner there is no lis between the defendant no.2 one hand and defendant nos.22 and 23 on the other. According to the Advocate for the petitioners the defendant 2 nos 22 and 23 should not be permitted to cross examine the defendant no.2. In order to achieve this object the petitioner no.2 filed application below Exhibit 158 in the aforesaid Special Civil Suit No.835 of 2006 where the petitioner no.2 has already filed evidence affidavit and is facing the cross examination. The said application has been rejected by the learned 9th Joint Civil Judge, Senior Division, Pune by order dated 17.1.2011. 2. This Order dated 17.2.2011 is challenged in this petition. I have heard learned Advocates on both sides. In my view, no interference is required in the impugned order. If at all, if the stand of the petitioner no.2 that there is no lis between the petitioner no.2 and the defendant nos.22 and 23 is correct, then surely the learned Civil Judge, Senior Division, Pune before whom the suit is pending can control the cross examination which will be conducted by the learned Advocate for the defendant nos.22 and 23 respectively and once that is done, unnecessary questions will not be permitted to the petitioner not.2. That discretion is left to the trial Judge. 3. For the aforesaid discussions, I do not wish to interfere with the order 3 made by the trial court. Hence, petition is dismissed at the stage of admission with no order as to costs. (R.Y.GANOO, J.)