1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9907 OF 2009 Ganpat Tatya Rupnavar since deceased through L.Rs. Dinkar Ganpat Rupnavar & ors ........ Petitioner versus Vithal Tatya Rupnavar & ors ........Respondent. Mr. U.B. Nighot adv. for the Petitioner Mrs. Manjri Parasnis for the Respondent. CORAM: A. P DESHPANDE, J. DATED : 25th November, 2009. P. C.: 1. An interlocutory order passed in the pending suit is challenged by filing the present writ petition. The impugned order goes to refuse permission to the petitioner to declare a witness hostile and to summon him for cross examination. The application for summoning the said witness and to declare him hostile and permitting further cross examination was filed after closure of the evidence by the petitioner/defendant and after passage of more than 15 months from the date of closure of evidence. In an identical situation, this court has disposed of the writ petition challenging similar order passed in another suit filed 2 by the writ petitioner. This court has made it clear that in the event if the ultimate judgment and decree goes against the petitioner, it shall be open for him to raise challenge to the interlocutory order in regular appeal which the petitioner would be required to file. Same is the position in the present case. It would be open for the petitioner to raise the grounds which are sought to be raised in the present petition in the regular civil appeal in the event final decree is passed against the petitioner/defendant. With the above observations the writ petition stands dismissed summarily. (A. P. Deshpande, J.)