1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1647 OF 2010 (Shri Shivlal D. Aade & Another vs. Shankar D. Parkhi & Ors.) 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. APRIL 08, 2010. Heard Shri Bhuibhar, learned counsel for the petitioners. He contends that the plaintiff No. 3 was cross examined by the petitioners who were original defendants and because of his cross examination and admissions therein, which prejudiced the case of the plaintiffs, he has been deliberately transposed thereafter as defendant No.3. The contention is, after his cross examination by the petitioners is over, the original plaintiff No. 1 may again cross examine transposed defendant No.3 to get over the admissions recorded. As yet plaintiff No.1 has not moved any such application. If there is any collusion between plaintiff No.1 and original plaintiff No. 3 (now defendant No. 3), the said person in collusion has to first cross examine. However, the controversy cannot be concluded by this Court as the controversy has yet not arisen and all parties are not before this Court. The petitioner can exercise his legal right at appropriate stage, if occasion therefor arises. 2 In the circumstances, with liberty to the petitioners i.e. defendants No. 1 & 2, writ petition is disposed of. However, there shall be no order as to costs. JUDGE *GS.