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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
Writ Petition No. 7287of2017
PETITIONER: Abdul Karim Miyan Mehboob Miyan,
(Original Aged about 68 years, Occu: Nil, R/o Near
Defendant) Masjid, Chhota Loharpura, Fawara Chowk,
Nagpur.
-VERSUS-
RESPONDENT: Hasan Mohammed Bhai Balapurwala,
(Original Aged about 43 years, Occ: Business,
Plaintiff) R/o Near Bata Shoe Company,
Old Bhandara Road Nagpur.
Ms. R.V. Palaspagar, Adv. h/f Mr. Muhammed Ateeque, Advocate for
the Petitioner.
Mr. A.A. Mirza, Advocate for the Respondent.
CORAM: Z.A. Haq, J.
DATED: 05.12.2017.
Oral Judgment
Heard.
Rule. Rule made returnable forthwith.
1. The petitioner (original defendant) has challenged the
order passed by the trial Court on 07/07/2017 by which the
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application (Exhibit No.39) filed by the defendant seeking permission
to cross-examine the plaintiff is rejected. The petitioner/defendant
has also challenged the order passed by the trial Court on
24/08/2017 by which the application (Exhibit No.42) filed by the
defendant reiterating his prayer for permission to cross-examine the
plaintiff is rejected.
2. Though, the reasons recorded by the learned trial Judge for
rejecting the applications cannot be faulted with and it cannot be said
that the impugned orders suffer from any illegality or error of
jurisdiction, considering the fact that the civil suit is filed by the
respondent/plaintiff praying for decree for specific performance of
contract in respect of the shop block and the civil suit has not
progressed further and is at the same stage at which it was when the
applications (Exhibit-39 and Exhibit-42) were filed, in my view, the
interests of justice would be sub-served by passing the following
order:
ORDER
1) The impugned orders are set aside. ::: Uploaded on - 15/12/2017 ::: Downloaded on - 16/12/2017 00:18:34 :::
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2) The prayer made by the petitioner/defendant
for grant of permission to cross-examine the plaintiff is allowed.
3) The defendant shall cross-examine the plaintiff on the date on which the proceedings of the civil suit are fixed before the trial Court. If the defendant fails to avail the opportunity, the trial Court may proceed further according to law.
4) The amount of Rs. 10,000/- deposited by the petitioner / defendant before the trial Court as per the order passed by this Court on 15/11/2017 be given to the respondent/plaintiff.
The writ petition is allowed in the above terms.
JUDGE nandurkar ::: Uploaded on - 15/12/2017 ::: Downloaded on - 16/12/2017 00:18:34 :::