Kausalyabai Janrao Deshmukh And ... vs Nilkanthrao Bhujangrao Deshmukh
2016 Latest Caselaw 6894 Bom

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     IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                    
               NAGPUR BENCH, NAGPUR

                        Writ Petition No.6781 of 2016




                                                   
    1. Kausalyabai Janrao Deshmukh,
       Aged about 70 years,
       Occupation - Household.




                                         
    2. Ganesh s/o Janrao Deshmukh,
       Aged 60 years,        
       Occupation - Labour.

    3. Manik s/o Janrao Deshmukh,
                            
       Aged 45 years,
       Occupation - Cultivator.

    4. Gajanan s/o Janrao Deshmukh,
      


       Aged about 48 years,
   



       Occupation - Cultivator.

    5. Kailash s/o Janrao Deshmukh,
       Aged 42 years.





          All R/o Palsod, Tq. Akot,
          District Akola.                           ... Petitioners/
                                                    Ori. Defendants





         Versus


    Nilkanthrao Bhujangrao Deshmukh,




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    Aged 53 years,




                                                                               
    Occupation - Service and Farming,
    Presently residing at Palsod,




                                                       
    Tq. Akot, District - Akola.                        ... Respondent/
                                                       Ori. Plaintiffs




                                                      
    Shri Vipul Bhise, Advocate for Petitioners.
    Shri K.P. Mahalle, Advocate, holding Shri R.L. Khapre, Advocate 
    for Respondent.




                                         
        Coram : R.K. Deshpande, J.

Dated : 2 nd December, 2016 ig

Oral Judgment :

1. Rule, made returnable forthwith. Heard finally by

consent of the learned counsels appearing for the parties.

2. The order impugned in this petition passed by the Trial

Court on 20-10-2016 below Exhibit 149 in Regular Civil Suit

No.76 of 2005 rejects the application of the petitioner/defendant

No.2 for permission to file an affidavit in lieu of

examination-in-chief.

wp6781.16.odt

3. Shri Bhise, the learned counsel for the petitioner, submits

that the petitioner-defendants, shall file an affidavit in lieu of

examination-in-chief on the next date of hearing and shall remain

present for cross-examination by the plaintiff. The statement is

accepted.

4. The petition is allowed. The impugned order

dated 20-10-2016 passed by the Trial Court below Exhibit 149 in

Regular Civil Suit No.76 of 2005, is hereby quashed and set

aside. The Trial Court is directed to dispose of the suit within a

period of two months from today.

5. Rule is made absolute in above terms. No order as to

costs.

Judge.

Lanjewar