1 wp-1003-11 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1003 of 2011 Shushilabai Bhagwan Bande & Ors. .. Petitioners Versus Shrishail Sidram Hatture & Ors. .. Respondents Mr. Anand Kulkarni for the Petitioners Mr. K.Y.Mandlik for Respondent Nos.2 to 5 CORAM : R.M.SAVANT, J. DATE : 1st DECEMBER, 2011 P.C. : 1 The above Petition takes exception to the Order dated 11-10-2010, passed by the Xth Joint Civil Judge Junior Division, Solapur, by which order the application Exhibit 86 filed by the Plaintiffs in Regular Civil Suit No.795 of 2008, came to be rejected. 2 The Plaintiffs it seems are aggrieved by the fact that the Defendant No.1 would be permitted to be cross-examined by the Defendant Nos.2 to 5 though the Trial Court on an earlier occasion has held that the interest of the said Defendants are not adverse to each other. 3 It is required to be noted that the Defendant Nos.2 to 5 had filed an Application Exhibit 84 for being permitted to cross-examine the Defendant No.1 prior to the cross-examination by the Plaintiffs. The Learned Xth 2 wp-1003-11 Joint Civil Judge Junior Division, Solapur by order dated 13-9-2010 has partly allowed the said Application in the sense that adjournment was granted to the Defendant Nos.2 to 5 whereas the prayer for permission to cross-examine the Defendant No.1 prior to the Plaintiffs sought by them was rejected. However, by clause (2) of the impugned order the Trial court has held that Defendant Nos.2 to 5 will have right to cross examine defendant No.1 only if certain admission or evidence is brought on record by the plaintiffs during his cross examination which will be affecting or damaging the case/defence of defendant nos.2 to 5. 3 In my view, the interest of both the Plaintiffs and the Defendant Nos.2 to 5 are adequately protected by the said order as it would only in the circumstances mentioned in clause (2) of the impugned order that the Defendant Nos.2 to 5 would be permitted to cross-examine the Defendant No.1. Hence there is no further need to clarify or modify the impugned order. No interference is called for at this stage. The Writ Petition is accordingly dismissed. (R.M.SAVANT, J.)