[1] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6313 OF 2008 Shri Gajanan Baburao Pawar & Anr. .... Petitioners Vs. Suresh Tatyaba Pawar & Ors. .... Respondents Shri Pradeep S. Gole for the Petitioners. Shri R.P. Kadam & Shri V.A. Sugdare for the Respondent No.1. Shri Ajit S. Kenjale for the Respondent Nos.2 to 5. CORAM: CORAM: CORAM: ANOOP V. MOHTA, J. DATED: DATED: DATED: DECEMBER 2, 2008 P.C: P.C: P.C: 1. Learned counsel appearing for respondent No.1 makes statement that the matter is already argued and it is fixed for judgment. 2. The petitioners/original defendant Nos.2 and 3 have challenged the order dated 8-7-2008 whereby the Court refused to permit these defendants even to participate in the proceedings to cross-examine, including the cross-examination of the plaintiff by observing that the other defendant Nos.4 and 5 have already cross-examined them. This is because the same Court had already on 11-4-2005 and 22-7-2005 passed no written statement orders against them and passed ex parte order. Therefore, the application was moved for setting aside the same. Now at this stage considering [2] the circumstances and keeping all points open for the petitioners, I am not inclined to interfere with the order under challenge but with the above observations, the petition is accordingly disposed of. Stay is vacated accordingly. (ANOOP V. MOHTA, J.) sjs/D8wp6313.8 sjs/D8wp6313.8 sjs/D8wp6313.8