1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.6928 OF 2007 Pandurang S/o Kadappa Sherkhane ... Petitioner. Versus Mahadeo S/o Nagnath Shete and others ... Respondents. ... Mr.N.P.Patil Jamalpurkar, advocate for the petitioner. Mr.S.S.Choudhari, advocate for Respondent Nos.1 and 3. Respondent Nos.2 and 5 are deleted as per Court's order dated 31.3.2009. Respondent NOs.4,6 and 7 are served. ... CORAM : V.R.KINGAONKAR,J. Date : 25.06.2009. PER COURT 1. This petition is filed against order dated 26.10.2007, rendered by the learned trial Judge in suit (RCS No.87/1973). By the impugned order, the learned trial Judge rejected request 2 of the petitioner to allow him to cross-examine witnesses of the plaintiffs. The suit is for partition and separate possession. The suit is quite old one. By interim order of this Court, further proceedings of the suit are stayed. The petitioner has deposited Rs.10,000/- (Rupees ten thousand) as per interim order of this Court rendered on 4.12.2007. 2 True, the petitioner has not filed written statement in the suit. Still, however, he would be entitled to cross-examine the witnesses of the plaintiffs to the extent of demolishing the case putforth by the latter. He may be not entitled to set up his own case during course of the cross-examination and the cross-examination can not be allowed in respect of defences of the petitioner. Even to the limited extent, as stated before, the petitioner has right to cross- examine the witness of the plaintiffs. In order to give him fair opportunity during the trial, it was necessary to permit the cross-examination though there appears some delay committed by him in making such a request. 3 3. Considering the foregoing reasons, the petition is allowed and the impugned order is quashed. The amount deposited by the petitioner shall be paid to the plaintiffs as a condition precedent for allowing the cross-examination of the witnesses. The petition is accordingly disposed of. (V.R.KINGAONKAR,J.) asp/office/wp692807