1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5299/2009 ( Smt. Narmadabai Champatrao Korgade -: versus :- Sudamrao Jagannathrao Choudhari) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : DECEMBER 5, 2009. Heard Shri S.D. Khati, learned counsel for petitioners. The Appellate Court has vide judgment dated 07.08.2009 remanded Regular Civil Suit No. 47/1993 to trial Court for fresh trial i.e. for permitting the appellants before it to cross examine plaintiffs witness Sudam and such other witnesses as may be produced by the plaintiff. After this remand, the defendants [present petitioners] moved application before the trial Court and sought leave to file written statement. In view of this remand, the trial Court has rejected the application on 13.11.2009. Shri Khati, learned counsel for petitioners contends that, when there was no written statement there cannot be any cross examination. It is apparent that the trial Court has correctly appreciated the controversy. There is no jurisdictional error. 2 Writ Petition is therefore, dismissed, however, in the facts and circumstances of the case there shall be no order as to costs. JUDGE Rgd.