1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 57. WP/6440/2010 (BABU YASHWANT ANGRE V/S RUPABAI MAHALBA ROKADE) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr.P.B.Pawar, Adv., h/f Mr.S.P.Brahme, Adv., for the petitioner. Mr.N.V.Gaware, Adv., for respondent (sole). ... CORAM: K.U.CHANDIWAL, J. DATE: 1/10/2010 1. Heard. 2. By Exh.50 in RCS No.26/2004, an application was moved by the defendant to set aside the order of "No Cross" recorded below Exh. 48 and he sought permission to cross examine the plaintiff. The same was rejected as the Counsel for the defendant and the defendant was not present. Even no application for adjournment was moved. Another application seeking review of the said application was moved below Exh. 2 60. Same is rejected by order dt.11.2.2010. 3. It is illustrative, the affidavit of the plaintiff was tendered on 21.4.2009 and, consequently, after three months, the order of "No Cross" came to be passed owing to absence of defendant or his Advocate. The defendant even did not remain present to prosecute the application Exh.50. The order dt.11.2.2010, declining to review being beyond 30 days, is correct, need not be interfered with. However, the present exercise to entertain Exh.50 seeking permission to cross examine the plaintiff, needs consideration. The controversy revolves to a suit for perpetual injunction. The defendant is reported to be aged and suffering several ailments. He could not arrange himself to remain present on 15.7.2009, being attacked with ailment. These aspects invite attention, to favourably consider his urge, indicated in Exh.50. Hence order. 3 ORDER a) The order of "No Cross" below Exh.50 recorded by the learned Judge is set aside. The learned Judge seized with the matter shall allow the defendant to cross examine the plaintiff. The plaintiff to remain present before the learned Civil Judge, Junior Division, Parner, on 14th Oct., 2010. Counsel for the Parties will also independently inform their respective clients. The defendant/writ petitioner shall pay an amount of Rs.5,000/- directly to the plaintiff on the date scheduled. Writ Petition disposed of with above directions. (K.U.CHANDIWAL) JUDGE ... AGP/6440-10wp