1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.255 OF 2011 (Sant Chhoturam Guru Amardas Mahat Udasi vs. Mahant Gopaldas Jee Guru Charandasji Raila) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri M.P. Kariya, Advocate for the petitioner. Shri R.V. Shiralkar, Advocate for the respondent. -------- CORAM : R.M. SAVANT, J. DATED : JUNE 10, 2011 Since Shri Shiralkar, learned Counsel for the respondent, is agreeable to cross-examine the witness of the petitioner, namely, Sant Vivekdas Guru Mahant Sevadas and since Shri Kariya, learned Counsel for the petitioner, is agreeable to keep the said witness present in the trial Court on 15/7/2011, the parties are agreeable that the merits of the impugned order need not be gone into. Hence, by consent of the learned Counsel for the parties, the impugned order is set aside. 2 The statement of Shri Kariya, learned Counsel for the petitioner, that the said witness would be kept present by the petitioner in the trial Court on 15/7/2011 at 2.30 p.m. for being cross- examined by the Counsel for the respondent herein is accepted. Shri Shiralkar, learned Counsel for the respondent, also states that the said witness would be cross-examined on the said day. The learned Counsel for the parties are also agreeable that in the event the said witness does not remain present on 15/7/2011 at 2.30 p.m. or on any subsequent day on which cross-examination is continued, the impugned order would become operational and in that event, the evidence of the plaintiff would stand closed as directed by the impugned order. The petition is disposed of in the aforesaid terms. JUDGE khj