1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4494 OF 2008 (Waman Tulshiram Chandewar & Ors. vs. Ramesh Ramcharanji Shukla & Ors.) 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. DECEMBER 03, 2008. Heard Shri Parchure, learned counsel for the petitioners and Shri Bhangde, learned counsel for the respondents. The controversy is circumscribed by order of remand dated 24.8.2007 passed by the Ad-hoc District Judge-1, Bhandara, in Regular Civil Appeal No. 61 of 2004. As per that order, the petitioners – plaintiffs were to examine the Court Commissioner or then in the alternative he was to be examined as Court witness and therefore the idea was to permit the present respondents to cross examine him. Thereafter the trial Court was to record a finding about his reliability i.e. about the trustworthiness of the report submitted by him. Accordingly, the Court Commissioner was examined by the respondents. The trial Court has also given an opportunity to the petitioners to cross examine the Court Commissioner but that opportunity was not utilised. After two 2 months, the petitioners – plaintiffs moved an application seeking permission to cross examine the Court Commissioner on the ground that he was won over by the defendants. That application has been rejected by the Court below. The order of remand clearly enabled only the present respondents to cross examine the said Court Commissioner. The finding was to be given about his trustworthiness thereafter. In the circumstances, though the opportunity of cross examination could not have been given to the petitioners – plaintiffs, it was so given and also waived by the petitioners. In the circumstances, no case is being made out warranting any interference in writ jurisdiction. Writ Petition is dismissed. No costs. JUDGE *GS.