1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2850 OF 2009 Shri Shirishkumar Jaywantrao Bhamare Age 55 years, Occupation Advocate R/o. 46, Sanjay Cooperative Housing Society, Osmanpura, Aurangabad. .. petitioners Versus Babulal s/o. Sitaram Patil Age 62 years, Occ. Pensioner R/o. "Karmayogi" Saraswati Colony, Near Giri Vihar Housing Society, Taloda Road, Nandurbar Taluka and District Nandurbar. .. Respondent. --- Mr. J.R.Shah, Advocate for petitioner. Mr. S.R. Barlinge, Advocate for the respondent CORAM : B.R. GAVAI, J. DATE : 8th July, 2009. ORAL ORDER :- 1] Rule. Rule made returnable forthwith. 2 . By way of present petition, the petitioner challenges the order dated 1/12/2008, passed by the Assistant Charity Commissioner, vide which the application filed by the present petitioner for cross examining the witness, namely, Shri Vasantrao Daulatrao Desale, has been rejected. 2] Shri Shah, learned counsel for the petitioner submits that the said witness has turned hostile and as such, though he is a witness of the petitioner, the petitioner wanted to cross examine him. He submits that the learned trial court has erred in rejecting the application. 3] Shri Barlinge, learned counsel for the respondents submits that the petitioners are trying to protract the proceedings by filing one application after another. 4] I find that it would be in the interest of justice that the petitioner is permitted to cross examine the said witness, namely, Vasantrao Daulatrao Desale. The parties shall remain present before the Assistant Charity Commissioner on 20th July, 2009, as such, the requirement of formal notice shall stand waived. It is made clear on the said date, the learned Assistant Charity Commissioner would fix the date for cross examination of the said witness. It is further made clear that on the said date, the petitioner would complete the cross examination of the said witness. . The learned Assistant Charity Commissioner is directed to dispose of the proceedings pending before him bearing Enquiry No. 889/2006 3 as expeditiously as possible and preferably within a period of 4 months from today. 5] Rule made absolute in above terms. There shall be no orders as to costs. [B.R. GAVAI,J.] Grt/-