HANUMAN LAWANDE AND ASSOCIATES Vs. DATTA GAJANAN GAUNDOLCAR

JUDGEMENT

(1.) RULE. RULE is made returnable forthwith in view of the order dated 5th August,2011 notifying the parties that the petition will be disposed off finally at the admission stage.

(2.) HEARD the counsel.

(3.) SHRI Lotlikar, the learned Senior Counsel for the petitioners makes a statement that the petitioners do not desire to press the prayer of declaration made in the application. They are restricting the relief to the alternate direction sought. Therefore the only issue to be considered in the petition is of the sequence of cross examination of DW.1 i.e whether DW.1 should be cross-examined by the petitioners first or by the other respondents. Mr. Lotlikar submits that since there are four written statements filed by different sets of respondents and since they have some disputes interse, though they are one while opposing the petitioners the interests of justice require that DW.1 is first cross-examined by the other respondents before the crossexamination by the petitioners. Otherwise grave prejudice will be caused to the petitioners. The respondents who are joint in defence with the petitioners will have an edge over the petitioners in filling any lacunas in the evidence.