ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 4450 OF 2008 PETITION NO. 4450 OF 2008 PETITION NO. 4450 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.S.N.Chandrachood for the Petitioners. None for the Respondent. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 21st November, 2008. : 21st November, 2008. : 21st November, 2008. P.C. P.C. P.C. . None present for the Respondent, though served. 2. The Petitioners have challenged the impugned order dated 08/04/2008 whereby, their application for adjournment to the cross-examination, was rejected by holding that the whole intention is to delay the proceedings. This order is dated 08/04/2008 and the Writ Petition is pending since then. Without observing anything at this stage, as the learned counsel appearing ( 2 ) for the Petitioners made a statement that they will appear and they will cross-examine on next date and/ or date fixed by the Court for cross-examination, as convenient to the Court, therefore, in the interest of justice to avoid further delay of the proceedings the application is allowed. The Petitioners are permitted to cross-examine, as already fixed, this is, however, subject to costs of Rs.2,000/- (Rupees two thousand only) to be paid on or before 28/11/2008 directly to the Landlord-Plaintiff, is a condition precedent. 3. The Petition is accordingly, allowed. No costs. [ ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.]