1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5754 OF 2008 Sampada Promoters & 3 ors. ..Petitioners. V/s. Smt.Hiramani Krishna Ambegaonkar since deceased through her heirs. ..Respondents. Mr.G.S.Godbole i/b. Ms.Jai V.Mhaskar for petitioner. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : AUGUST 6, 2008. DATE : AUGUST 6, 2008. DATE : AUGUST 6, 2008. P.C. : P.C. : P.C. : 1. After hearing Counsel for the Petitioners for some time, Learned Counsel for the Petitioners in all fairness submits that the issues raised in this Petition may be kept open, so as to enable the Petitioners to agitate the same before the Appellate Court in the event such occasion arises and the decision in pending proceedings is adverse to the Petitioners. 2. In the circumstances, this Petition is disposed of leaving all questions open, to be agitated by the Petitioners in appeal, if an when required. Counsel for the Petitioners invited my attention to the Order dated 27th March, 2008 Exh.L 2 at page 111 where the trial Court has recorded no further cross. The learned Counsel for the Petitioners contends that as the Petitioners wanted to take out application for amendment, no serious attempt to continue with the cross-examination was made. The Petitioners may be given liberty to further cross-examine the concerned witness. 3. The Petitioners may apply to the trial Court in this behalf, which application will be decided on its own merits in accordance with the law. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)