1 1 1 IN THE HIGH COURT OF JUDIATURE AT BOMBAY IN THE HIGH COURT OF JUDIATURE AT BOMBAY IN THE HIGH COURT OF JUDIATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10269 OF 2004 WRIT PETITION NO.10269 OF 2004 WRIT PETITION NO.10269 OF 2004 Somanath Residents Association & Ors. .. Petitioners. Vs. The Municipal Corporation of Greater Bombay & Ors. .. Respondents. Mr.P.S.Dani with Mr.N.N.Amin for the petitioners. Mr.A.Y.Sakhare with Mr.M.J.Humranwala and Ms.Rohini Shetty for respondent no.4. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 22ND DECEMBER, 2004 DATED : 22ND DECEMBER, 2004 DATED : 22ND DECEMBER, 2004 P.C.: . Heard Mr.Dani, learned counsel for the petitioners and Mr.Sakhare, learned counsel for respondent no.4. 2. Rule, returnable forthwith. 3. Mr.Sakhare, learned counsel waives service for respondent no.4. By consent of the parties taken up for final hearing. 4. The learned counsel for the parties fairly stated that the reasons need not be recorded for disposing of the writ petition and they have agreed 2 2 2 for the following order: (a) The order dated 14.12.2004, impugned in the present writ petition, is set aside. The respondents to make available defendant no.7 for further cross examination on the date as may be fixed by the trial court. (b) The petitioner-plaintiff shall not be allowed to cross examine the witness on the issues on which he has already cross examined the witness. . With these observations the writ petition stands disposed of. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)