1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. WRIT PETITION NO.7343/2008 Sanjay Rajaram Sawant and others. ..Petitioners. -VERSUS- Tukaram Sattu Gavde and others. ..Respondents ......... Mr.R.S.Ghadge i/b Mr.A.S.Desai, Advocate for the Petitioners. Mr.Rahul P. Walvekar, Advocate for the Respondents Nos.1 to 4. Mr.S.D.Rayrikar, A.G.P. For the Respondents Nos.5 to 7. .......... CORAM : S.C.DHARMADHIKARI, J. DATED : 17th APRIL, 2009. P.C. : 1. Rule. The Respondents waive service. By consent taken up for hearing at this stage itself. 2. Heard both sides. The Petitioners are aggrieved by the order passed by the Trial Court refusing them permission to cross- examine the witnesses who have been examined by the original Plaintiffs. 3. It is stated that the Plaintiffs stepped into the witness box and the matter was adjourned for cross-examination but the 2 Defendants remained absent on two occasions. The learned Judge has dismissed the written request to recall the order of no cross- examination and that is how this Writ Petition. 4. After hearing both sides, in my view, interest of justice would be subserved if finally an opportunity is granted to the Petitioners to cross-examine the witnesses. However, they will have to abide by the conditions imposed by the Court. Accordingly, if they appear before the Trial Court on 04.05.2009 and prior to that date, they pay costs quantified at Rs.1500/- (Rupees Fifteen Hundred) to the Plaintiffs, the Trial Court would permit the Petitioners/Defendants to cross-examine the witnesses. If they remain absent or fail to pay costs, their right to cross-examine the witnesses shall stands forfeited and no application would be entertained for recalling of any order in that behalf. The petition is allowed in the above terms. 5. Rule is made absolute accordingly. JUDGE