1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.1294 of 2010 Hanumant Sonba Bhargude ... Petitioner versus Sahebrao Sonba Bhargude & ors. ... Respondents ... Mr. J. Shekhar i/b J. Shekhar & Co. for the petitioner. Mr.Dilip Bodake for respondent no.1. CORAM : D.G. KARNIK, J. DATED : 11th June 2010 P.C. 1. By this petition, petitioner challenges the order dated 17th December 2009 passed by the Civil Judge, Jr. Division, Khandala, District Satara rejecting the petitioner’s application at Exhibit 145 for permission to cross-examine the plaintiff. 2. The petitioner is the original defendant no.2 and respondent no.1 is the original plaintiff. Respondent no.1 has filed a suit bearing regular Civil Suit No.55 of 1994 for partition. Respondent no.1 examined himself as a witness on his own behalf. He was cross-examined by other defendants. The petitioner and his advocate remained absent and therefore order of “no cross” by the petitioner was passed and the 2 evidence of the respondent no.1 was closed in March 2008. Matter was posted for evidence of the defendants. Defendant nos.1 to 4 did not enter the witness box. Defendant no.5 however, examined himself and his cross examination was completed. Thereafter, the present application has been made by petitioner (defendant no.2) for permission to cross-examine the respondent no.1 – original plaintiff. 3. Hands of the clock cannot be set back. The matter has been proceeded after the evidence of the respondent no.1 was recorded. Evidence of other defendants has also been recorded. At this stage, the order granting permission to the petitioner to cross examine the respondent no.1 would amount to re-opening and setting hands of the clock back which cannot be done. Writ Petition is accordingly rejected summarily. (D.G. KARNIK,J.)