1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 3055 OF 2010 Mangesh s/o Ashok Kopare & another .. PETITIONERS VERSUS Amar s/o Ashok Kopare & others .. RRESPONDENTS Mr. C.K. Shinde, Advocate for the petitioners. ===== CORAM : R. M. BORDE, J. DATE : 12th APRIL, 2010 PER COURT : 1 Interlocutory order passed by the trial court on 6-3-2010 below exh. 137 in Regular Civil Suit no. 67/2003 is subject matter of challenge in the instant petition. 2 Petitioner herein has objected for recording evidence of defendant no. 10 as a witness on behalf of defendant nos. 1 to 4 and urged the court to discard the evidence. Trial court while passing order has specifically 2 recorded that the controversy, if any, can be taken into consideration at the time final arguments and accordingly, the evidentiary value of the witness can be ascertained. The petitioner is entitled to urge the objection at the appropriate stage before the trial court. In this view of the matter, no interference is called for in the instant petition in exercise of extra ordinary jurisdiction under Article 227 of the Constitution of India. Petition is devoid of substance hence rejected. 3 In view of dismissal of the petition, pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE) JUDGE dyb/wp3055.10.odt