Smt. Kamlabai Wd/O Bhaiyaji ... vs Smt. Deshna Wd/O Sanjay Jangde
2016 Latest Caselaw 4809 Bom

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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              NAGPUR BENCH, NAGPUR




                                                                                    
                              WRIT PETITION NO. 6300 OF 2014




                                                            
                Smt. Kamlabai wd/o Bhaiyaji Jangde,
                aged about 80 yeas, Occ. Household,
                R/o. Dighori, Nagpur.                                         PETITIONER




                                                           
                                      ...VERSUS...

             Smt. Deshna wd/o Sanjay Jangde,




                                             
             aged about 37 years, Occ. Pvt. Work,
             C/o. R.K. Photo Studio, Ramdaspeth Chowk,
                             
             Bhatapara, Distt-Raipur (Chhatisgarh).                            RESPONDENT
     -------------------------------------------------------------------------------------------
     Shri N.G.Jetha, counsel for Petitioner.
                            
     Shri M.N.Upadhyay, counsel for Respondent 
     -------------------------------------------------------------------------------------------
                              CORAM: R. K. DESHPANDE, J.

                              DATE    : 22     nd  AUGUST, 2016 .
      


     ORAL JUDGMENT
   



                1]             Rule made returnable forthwith.

Heard by consent of the learned counsels

appearing for the parties.

2] By the impugned order dated 15.07.2014 passed

below Exh.87 by the trial Court in Regular Civil Suit No. 234

of 2012, the petitioner-defendant is denied an opportunity to

cross examine the witness of the plaintiff, PW-3 Neha Shelke

from the N.I.T. The Court has recorded that on earlier

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occasion, the defendant has failed to avail the opportunity of

cross examination of this witness. The plaintiff is from Raipur

and is required to attend the proceedings.

3] In view of above, the matter can be disposed of

by permitting the petitioner-defendant to cross examine the

witness PW-3 Neha Shelke.

The parties to appear before the trial Court on

13.09.2016 on which date the Court shall see that PW-3

Neha Shelke remains present for further cross examination.

If the petitioner-defendant fails to cross examine the witness

on the date fixed by the trial Court, the right of the petitioner

to cross examination of the said witness shall forfeited. The

impugned order dated 15.07.2014 passed below Exh.87 by

the trial Court in Regular Civil Suit No. 234 of 2012 is hereby

quashed and set aside. The petitioner to pay costs of

Rs.750/- to the respondent on the date of first appearance.

The Court shall not grant an adjournment to the parties on

any count.

Rule is made absolute in above terms.

                                                                  JUDGE
     Rvjalit



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                                   C E R T I F I C A T E




                                                                             

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