1 wp-10344.11.sxw lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10344 OF 2011 Shri Ramchandra Sattappa Shete : Petitioner Through Power of Attorney Holder Shri Natha Ramchandra Shete versus Shri Sadashiv Devaba Bate and ors. : Respondents. Mr.Abhijeet Adagule for the Petitioner CORAM : R M SAVANT, J. DATE : 09th December 2011 P.C. 1 The above Petition takes exception to the order dated 21/07/2011 passed by the learned 14th Joint Civil Judge, Junior Division, Kolhapur by which order “No further evidence order” passed against the Respondent/Plaintiff on 5/10/2010 came to be set aside and the Plaintiff was directed to remain present on the next date for his cross examination. 2 It appears that the Plaintiff had filed his affidavit in lieu of Examination-in-Chief on 16/2/2009. Thereafter “No further evidence” order came to be passed against him on 5/10/2010. For setting aside the said order the Plaintiff had filed Application Exhibit 32 on 19/10/2010 which came to be rejected by the order dated 19/11/2010. The instant application Exhibit 37 has been filed virtually seeking review of the said order dated 19/11/2010. 2 wp-10344.11.sxw 3 The trial Court has though it fit to set aside the said order dated 5/10/2010 on the ground that it would aid in adjudicating the suit in question. The learned Judge has therefore permitted the Plaintiff to lead his evidence by imposing costs upon him . 4 In my view, no exception could be taken to the said discretion exercised by the trial Court. In that view of the matter, no case for interference is made out. The above Writ Petition is accordingly dismissed. [R.M.SAVANT, J]