wp2430.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETN. NO.2430/2011 Vasant Pandurang Balkhande -vs- Shankar Pandurang Balkhande and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Mrs. A.A. Joshi, learned counsel for the petitioner. CORAM : R. M. SAVANT, J. DATED : 08/07/2011. The above petition takes exception to the order dated 14/03/2011 passed by the learned District Judge, Wardha, by which order the application filed by the petitioner herein, who is the respondent in Regular Civil Appeal No.170/2006, for being permitted to file the cross objections, came to be rejected. It is required to be noted that the notice in respect of the appeal was served upon the petitioner on 07/02/2007 and the appearance on behalf of the Advocate was filed on 26/02/2007. Thereafter the instant application for being permitted to file the cross objections was filed on 04/03/2011. The First Appellate Court in the said chronology of events did not deem it fit to entertain the said application filed by the petitioner. The First Appellate Court also took into consideration the fact that the other family members having not challenged the verdict of the trial Court more particularly, the findings on the issue of the status of the plaintiffs, the First wp2430.11.odt 2/2 Appellate Court, therefore, in the said fact situation concluded that the non filing of the cross objections could not be attributed to illiteracy as the other persons who were similarly situated as the petitioner have not chosen to file any appeal against the decree of the trial Court. In my view, the reasons mentioned by the First Appellate Court in rejecting the application for permitting the cross objections to be filed cannot be found fault with. No case for interference is made out. The writ petition is accordingly dismissed. JUDGE KHUNTE