Heard Advocate Shri Kshirsagar for petitioner and Advocate Shri Patwardhan for respondents. .

2. The plaintiff in Regular Civil Suit No. 777/1997 (reregistered as Regular Civil Suit No. 269/2001 before Civil Judge, Junior Division, Saoner) have filed this Writ Petition challenging the order dated 16-1-2008 passed by the 2nd Joint Civil Judge, Junior Division, Saoner on an application/objection of plaintiff. By . the said objection filed on 4-8-2007 the petitioner contended that defendant Nos.2 and 3 (present respondent Nos. 2 and 3) have no right to cross-examine defendant No. 1.

3. The petitioner claim that respondent No. l/defendant No.1 is their uncle and there was partition of ancestral property between their father and said defendant No.1. After getting possession of his separate property, defendant No.1 sold away the same and thereafter encroached upon the property of petitioner and also procured mutation entries in his favour. After completing this' exercise, he sold away said property to defendant Nos. 2 and 3. After learning about all this, they filed Civil Suit No. 777/1997 for claiming possession of encroached property from defendant No.1 and joined defend