kbp 1 8419-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBA CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8419 OF 2009 Mahadeo Dadaso Nalawde ..Petitioner Vs. Rajaram Krishna Gurav and ors. ..Respondents ......... Mr.Dilip Bodake, for petitioner. ......... CORAM : A.S.OKA, J.. DATE : 7 th OCTOBER, 2009. P.C. : 1] By this writ petition under Article 227 of the Constitution of India, the petitioner who is the defendant has challenged an order passed by the trial Court by which the respondents­plaintiffs have been is permitted to examine two witnesses whose evidence was earlier closed. The trial Court directed the plaintiffs to keep the witnesses present on a particular date failing which the evidence of the plaintiffs will be closed. 2] Learned counsel for the petitioner submitted that the said order has been passed ignoring the earlier order passed on an application made by the petitioner, and therefore, the said order is illegal. 3] The effect of the impugned order is that the plaintiffs will be permitted to examine two witnesses whose affidavits in lieu of the examination­in­chief are already on record. The petitioner has been protected by the trial court by directing that if the witnesses do not remain present on a specified date, the evidence of plaintiffs shall be treated as closed. kbp 2 8419-09.sxw 3] No interference is called for under Article 227 of the Constitution of India. Petition is rejected. If the petitioner has already adduced the evidence, it will be open for the petitioner to apply to the trial court for leading further evidence in the light of the evidence adduced by the plaintiffs of the aforesaid witnesses. ( A.S.OKA, J. )