1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2251/2010 Shivshankar (Expired) & Shankarlal Petitioners versus M/s Oriental Insurance Co.Ltd.& Ors. Respondents Mr.K.B.Borhade for Petitioner. Ms.V.Y.Sanglikar for Res.1 CORAM : D. D. SINHA AND MRS. MRIDULA BHATKAR, JJ. DATED : JULY, 12, 2010. P.C. : . Heard counsel for the petitioner and respondent. Present petition is directed against order dated 24/2/2010 passed by the Estate Officer whereby application of the petitioner for grant of permission to adduce evidence came to be rejected. 2. Considered the contentions canvassed by the counsel and perused the impugned order . Last but one paragraph of the impugned order reads thus - 2 In this case O.P.has accepted the order directing them to lead evidence first and then failed to adduce evidence even after sufficient opportunities were given to them. O.P.has not challenged the orders directing them to lead evidence first or forfeiting their right to adduce evidence for their default in complying with the directions. After the closing of evidence on the side of Applicants they cannot once again seek permission to adduce evidence from their side. There is no bonafides in the present application and the same deserves to be dismissed. 3. In view of the above referred facts it is evident that the petitioner was given liberty to adduce evidence which he did not avail . The evidence is closed so far as the applicants are concerned. In such situation the order impugned is just , proper and requires no interference. The petition is dismissed. (D. D. SINHA, J.) (MRS. MRIDULA BHATKAR,J.)