1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 4741 OF 2007 Mahemudabee w/o Isaq Karbhari ...Petitioner Versus Basha w/o Gaffur Karbhari and others ...Respondents ..... Mr. Boiwar h/f Mr. M.A. Kandharkar, advocate for the petitioner ..... CORAM: S. S. SHINDE, J. DATED: 13TH AUGUST, 2009 PER COURT:- 1 Heard learned counsel appearing for the petitioner. He invited my attention to the prayer in the application at Exh.61 and submitted that in the interest of justice and on the basis of the contention in the application, the prayer should have been entertained by directing the original defendant No.3 to lead her evidence first. Learned counsel further submitted the the whole burden of proof is on the defendants, therefore, the defendants to lead evidence first before the evidence of the plaintiffs. Therefore, the learned counsel would submit that this petition may be allowed. 2 2 After hearing learned counsel appearing for the petitioner and upon the perusal of the order passed by this Court on 25.3.2009, it appears that in pursuance to the order dated 25.3.2009 no steps were taken by the present petitioner to serve respondent Nos. 3 and 4 and consequently the matter was dismissed as against respondent Nos. 3 and 4. It is not in dispute that original defendant No.3 is respondent No.3 in this petition. On perusal of the prayer clause in the application at page 29, it is clear that the relief was sought only against respondent No.3. Since the petition is already dismissed as against respondent No.3, who is original defendant No.3, this writ petition cannot be entertained against respondent Nos. 3 and 4. So far as the other respondents are concerned, there was no prayer in original application against them Therefore, I do not think that this petition can be entertained. Writ petition is dismissed. Ad-interim relief, if any, stands vacated. (S.S. SHINDE, J). rlj/