1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Civil Application NO. 7520/2008 in Letters Patent Appeal St. No. 14274/2008 in Writ Petition No. 5792/2007 (Decided) Anil Khushabrao Phutane ..vs.. Shailaja Babasaheb Welekar and Ors. -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- Mr. K. R. Lambat, Advocate for applicant. CORAM: D. K. DESHMUKH AND PRASANNA B. VARALE, JJ. DATED : 27 th NOVEMBER, 2008 1. Heard learned counsel for the appellant. 2. The appellant, who is defendant no. 4 in the civil suit, had filed an application objecting the cross-examination of defendant no. 1 by plaintiff. That application came to be rejected. Against that order, writ petition was filed, which was registered as Writ Petition No. 5792/2007, which has also been rejected by the learned Single Judge of this Court. Against that order, present Letters Patent Appeal is being filed along with an application for codonation of delay as there is delay in filing the Letters Patent Appeal. 2 3. In our opinion, it is not necessary to condone the delay and to entertain the Letters Patent Appeal because the order impugned before the learned Single Judge was an order of interlocutory nature, capable of being challenged with final order that may be passed in the suit, if such an occasion arises. We find no fault with the order of the learned Single Judge declining to entertain the writ petition. If an occasion arises, the appellant can challenge the validity of that order in the appeal filed against the final order that may be passed in the suit. The appellate Court while dealing with the appeal shall consider the validity or otherwise of that order independently on the basis of material produced before it and without being influenced by the order passed by learned Single Judge. 4. The civil application as also the L.P.A. stand rejected and disposed of accordingly. JUDGE JUDGE kahale