1 1036wp8310.23 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 1036 WRIT PETITION NO. 8310 OF 2023 VIVEKANAND SURESH KHAIRNAR VERSUS BHAIDAS BHATU PATIL AND OTHERS ... Advocate for the Petitioner : Mr. Deshpande Shantanu A. Advocate for Respondent Nos. 1 to 3 and 5 : Mr.Patil (Borse) Paresh B. … CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 09.12.2025 PER COURT : 1. Heard the learned Counsel for the respective parties. 2. By way of this petition, the petitioner assails the order dated 05.07.2022 passed below Exhibit 24 and order dated 25.04.2023 passed below Exhibit 34, by the learned Civil Judge Senior Division, Dhule in Regular Civil Suit No. 29 of 2019. 3. The learned trial Court has permitted the original defendant to cross-examine witness of original plaintiff by imposing cost, but the cost was not deposited and further application to permit him to cross- examine said witness came to be rejected. 4. This matter did not proceed on merit, therefore, to give one more opportunity to the petitioner, the petition deserves to be allowed. The order dated 05.07.2022 passed below Exhibit 24 and order dated 25.04.2023 passed below Exhibit 34, by the learned Civil Judge Senior Division, Dhule in Regular Civil Suit No. 29 of 2019 is quashed and set 2 1036wp8310.23 aside subject to cost of Rs. 10,000/- (Rs. Ten Thousand Only). 5. The cost to be paid to the High Court Bar Association Library, Aurangabad. The cost to be deposited within a period of 3 weeks from today. (SIDDHESHWAR S. THOMBRE, J.) mahajansb/