JUDGMENT 1. Heard Shri Shivan Desai, learned Counsel appearing for the Petitioners and Respondent no. 1(c)/Defendant no. 4 in the suit, is present in person. 2. Rule. Heard forthwith with the consent of the learned Counsel. The notice to the remaining Respondents stands dispensed with as the only party concerned with the impugned Order appears to be Respondent no. 1(c)/Defendant no. 4 in the suit. 3. Upon hearing the learned Counsel appearing for the respective parties and taking note of the impugned order passed by the learned Judge dated 06.02.2015, whereby the cross examination of Dw.1 by the Petitioner came to be closed, I find that in the interest of justice and the peculiar facts of the case, another opportunity is to be given to the Petitioners to proceed to cross examine Dw.1/Respondent no. 1(c), who is present in Court. Though it was pointed out by Respondent no. 1(c), the party in person that the matter is being adjourned on a number of occasions, the records however reveal based on the contentions of Mr. Shivan Desai, learned Counsel appearing for the Petitioner that the matter was adjourned on two occasions to enable the Petitioners to proceed with the cross examination. It is pointed out by Shri Shivan Desai, that on account of unavoidable circumstances, the Advocate of the Petitioners could not be present when the matter was called out though he reached late. These facts are stated by the Petitioners on oath in the above Writ Petition and stand uncontroverted. 4. In such circumstances, considering that the suit was of the year 1991, I find that the Petitioners have to pay compensatory costs to the Respondent no. 1(c) as condition precedent to proceed with the cross examination of the Dw.1.The costs are quantified at Rs.15,000/-to be paid by the Petitioner to the Respondent no. 1(c). 5. In view of the above, I pass the following : ORDER (i) The impugned order dated 06.02.2015 to the extent it closes the cross examination of Dw.1, by the Petitioners is quashed and set aside subject to the payment of costs of Rs.15,000/- to the Respondent no. 1(c)/Defendant no. 4 in he suit, as condition precedent. (ii) The learned Judge shall proceed with the cross examination of Dw.1 on any mutual convenient date of the Petitioners and the Respondent no.1(c). 1(c)/Defendant no. 4 in he suit, as condition precedent. (ii) The learned Judge shall proceed with the cross examination of Dw.1 on any mutual convenient date of the Petitioners and the Respondent no.1(c). (iii) Shri Shivan Desai, learned Counsel appearing for the Petitioners, upon instructions, further states that the Petitioners shall co-operate with the learned Trial Court and not seek unnecessary adjournment. (iv) Rule is made absolute in the above terms.