1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.139 OF 2009 Sumanbai W/o Eknath Wahul and another ..Petitioners V/s Popat S/o Pandit Bankar and another. ..Respondents ------------------------------------------------------ Mr.S.S. Choudhari, Advocate for petitioner. Mr.P.A. Kulkarni, Advocate for respondents ------------------------------------------------------ (CORAM : R.M.BORDE,J.) DATE : 10th December, 2009. PER COURT : 1. An interlocutory order passed by the trial Court, whereby the application presented by the plaintiff, seeking time for filing affidavit in the nature of examination in chief, came to be allowed by the trial Court, is subject matter of challenge in this petition. The petitioners are the original defendant nos.5 and 6. They contend that the plaintiff nos.1 and 3 have entered into compromise with the concerned defendants, and as such, they have no right to lead evidence in the matter. It is to be noted that 2 some of the plaintiffs have arrived at compromise with some of the defendants, and effect thereof will be considered by the trial Court at the time of final disposal of the suit. At this interlocutory stage of the proceedings, no interference is called for, in exercise of extra ordinary jurisdiction under Article 227 of the Constitution of India. The Petition is devoid of substance, and therefore, stands rejected. (R.M.BORDE) JUDGE GAS/wp139.09