(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 2226 OF 2011 Smt. Ushatai w/o. Eknath Nimbalkar, Age : 84 years, Occupation : Household, R/o. Yashwant Housing Society, Nagar-Aurangabad Road, .. Petitioner Ahmednagar, (Original defendant District : Ahmednagar. no.1) versus Arvind s/o. Eknath Nimbalkar, .. Respodents Age : 66 years, (No.1 - Original Occupation : Business, plaintiff & R/o. Plot No.6, Survey No.11, Nos.2 to 8 - Rasnenagar, Savedi, Ahmednagar, Original defendant District : Ahmednagar, nos.2 to 8) and 7 others. ....................... Mr. Y.V. Kakade, Advocate, for the petitioner. Mr. V.D. Salunke, Advocate, for respondent no.1 / caveator. ........................ (2) CORAM : B.P. DHARMADHIKARI, J. DATE : 6TH APRIL 2011 COURT'S ORDER : 1. Heard Adv. Mr. Y.V. Kakade, for the petitioner, and Adv. Mr. V.D. Salunke, for respondent no.1 / caveator. 2. The petitioner has challenged the order dated 5-2-2011, passed by the learned IInd Joint Civil Judge (Senior Division), Ahmednagar, below Exhibit 134 in Special Civil Suit No. 115/2005. 3. The trial court has directed petitioner / defendant no.1 to examine herself first and rejected her request to permit her to examine her witnesses prior to that. 4. Adv. Mr. Y.V. Kakade, for the petitioner, states that because of old age and illness petitioner is not in a position to attend the court and leave to adduce evidence of witnesses first was sought. 5. Adv. Mr. V.D. Salunke, for respondent no.1, is opposing the petition. He contends that already four (3) adjournments have been taken by the petitioner for this purpose. 6. Petitioner / defendant no.1 was given several chances to lead her evidence first. However, she has failed to avail the same. In these circumstances, she cannot be allowed to examine her witnesses prior to her own evidence. No perversity could be found with the approach adopted by the trial court. 7. In the result, the petition is dismissed. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp2226