-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8468 OF 200 WRIT PETITION NO.8468 OF 200 WRIT PETITION NO.8468 OF 2007 1. Shri Narsinhrao Laxmanrao Balkawade, deceased through his legal heirs: 1(a) Shri Gorakh Narsinhrao Balkawade and ors. .. Petitioners. Vs Bhagur Municipal Council.. .. Respondent. Mr Girish R.Agrawal, for the petitioners. Mr Sachin Gite, for the respondent. CORAM : D.B.Bhosale,J. CORAM : D.B.Bhosale,J. CORAM : D.B.Bhosale,J. DATE : 21.02.08. DATE : 21.02.08. DATE : 21.02.08. PC: PC: PC: 1. Heard learned counsel for the parties. 2. Rule. Returnable forthwith. Mr Gite, learned counsel, waives service for the respondent. By consent, rule is heard finally. 3. This writ petition takes an exception to the order dated 27.9.2007 which reads thus:- "Suit is posted for further cross-examination of plaintiff since long. Despite several chances the plaintiff failed to make available himself for further cross examination. No sufficient ground for adjournment. Hence application is rejected." I perused the Roznama so also the other material placed before this Court. It is true that the plaintiff was not justified in delaying the matter which forced the -2- learned Judge to pass the impugned order. However, the petitioner-plaintiff, by not making available for the cross-examination, did not stand to benefit. Keeping that in view and considering the overall facts and circumstances of the case and the hardship suffered by the defendants, so also the stage of the suit, I am satisfied, this writ petition can be disposed of by the following order. (a) The impugned order is set aside subject to payment of costs of Rs.5000/- to the respondent-council by the petitioner within a period of two weeks from today. On costs being deposited by the petitioner, the trial court shall proceed to hear the suit further. The plaintiff shall make himself available for further cross examination on the date fixed by the trial Court. The defendant shall conclude the cross-examination of the petitioner as for as possible on day-to-day basis and shall complete the same within six weeks from the date of receipt of this order. It is made clear to the petitioner-plaintiff that he shall not seek adjournments on any ground whatsoever and if he does not make himself available for further cross-examination the trial court shall proceed with the suit without cross-examination. (b) With these observations, the writ petition is disposed of. -3- (D.B.Bhosale,J.) (D.B.Bhosale,J.) (D.B.Bhosale,J.)