(1) 11 wp 7430-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 7430 OF 2026 Shri. Gangadhar Tulsiramji Nalendrawar And Others. VERSUS Shri Chiranjeev Ramchandra Rao -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------- Mr. V.K. Paliwal, Advocate for petitioners. CORAM : NANDESH S. DESHPANDE, J. DATED : 06.10.2026 Heard learned Counsel for the petitioners. 2. The order impugned in the petition is dated 27.04.2026, passed below Exhibit 79 in R.C.S. No. 97/2022. By way of said order, the application filed by the defendant/ petitioners herein for setting aside the no cross order dated 10.02.2026 is rejected. 3. The learned Counsel for the petitioner submits that the Trial Court has adopted a hyper-technical approach in rejecting the application and therefore, prays for quashing the same. 4. I have gone through the impugned order. In paragraph No. 5, the said order records that previously also such an order of no-cross was passed and therefore has proceeded to reject the application. (2) 11 wp 7430-2026 5. Even though the order seems to be correct and proper, only to grant one more opportunity, the following order is passed: ORDER i) The writ petition is allowed, ii) The order dated 27.04.2026, passed below Exhibit 79 in R.C.S. No. 97/2022, is quashed and set aside. iii) The matter is relegated to the Trial Court for deciding the application below Exhibit 79 afresh, by granting opportunity to the parties to argue their respective cases before the Court. iv) The Trial Court should bear in mind that if there is no cross-examination of the plaintiff, the rights of the defendant would be foreclosed. 6. In that eventuality, the writ petition is allowed and the matter is relegated as stated supra. (NANDESH S. DESHPANDE, J.) Jayashree.. Signed by: Mrs. Jayashree Pethe Designation: PA To Honourable Judge Date: 08/10/2026 18:14:04