Bombay High Court
Deorao S/O Motiramji Husukale vs Champatrao S/O Motiramji ... on 5 December, 2016
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.5152 OF 2014
Deorao s/o Motiramji Husukale,
Aged about 69 years,
Occ: Cultivation, R/o Andori,
Tah. Deoli, Dist. Wardha. ....... PETITIONER
...V E R S U S...
1] Champatrao s/o Motiramji Husukale,
Aged about 82 years, Occ: Cultivation,
R/o Andhori, Tah. Deoli, Dist. Wardha.
2] Gitabai w/o Prabhakar Pendhare,
Aged about 65 years, Occ: Cultivation,
R/o Opp. Satguru Kirana Stores,
Besides STD, Rashtra Bhasha Road,
Sanewadi, Post: Hind Nagar,
Tah. & Dist. Wardha.
3] Shankarrao s/o Motiramji Husukale,
Aged about 85 years, Occ: Cultivation,
R/o Andor, Tah. Deoli, Dist. Wardha.
4] Anjanabai w/o Shalikrao Dhande,
Aged about 63 years, Occ: Nil,
R/o New Zopadpatti, Ralegaon,
Dist. Yavatmal.
5] Gangubai w/o Shankarrao Choudhari,
Aged about 58 years, Occ: Nil,
R/o Astha Road, Ralegaon,
Dist. Yavatmal.
6] Kawadu s/o Bhaurao Yepari,
Aged about 58 years, Occ: Nil,
R/o Kranti Chowk, Ralegaon,
Dist. Yavatmal.
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7] Meerabai Annaji Yelore,
Aged about 53 years, Occ: Nil,
R/ Behind S.T. Depot,
Ralegaon, Dist. Yavatmal.
8] Rekha Ramdas Botfule,
Aged about 48 years, Occ: Nil,
R/o Nandora (Dafre),
Tah. Deoli, Dist. Wardha.
9] Uttam s/o Bhaurao Yepari,
Aged about 63 years, Occ: Nil,
R/o Kranti Chowk, Ralegaon,
Dist. Yavatmal.
10] Mukta Hiwarkar,
Aged about 41 years, Occ: Nil,
R/o at Post Haladgaon,
Tah. Samudrapur, Dist. Wardha. ....... RESPONDENTS
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Shri S.A. Radke, Advocate for Petitioner.
Shri S.V. Sohoni, Advocate for Respondent No.2.
None for Respondent Nos.1, 3 to 9 and 10.
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CORAM: R.K. DESHPANDE, J.
th DECEMBER, 2016.
DATE: 5
ORAL JUDGMENT
1] Notice for final disposal of the matter was issued by
this Court on 17.11.2014. In spite of service of notice, no one
appears for the respondent No.1-original plaintiff. Shri Sohoni, the
learned counsel appears for the respondent No.2, who is the
defendant No.1. All other parties are though served, no one
appears on their behalf. The matter was also adjourned on two
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occasions awaiting the response from the respondents.
2] The order impugned passed on 24.04.2014 below
Exhibit 1 in Regular Civil Suit No.257 of 2008 rejects the
application filed by the defendant No.2 for adducing evidence.
The proceedings before the trial Court are stayed by this Court
on 17.11.2014. The petition is not opposed. The petitioner-
defendant No.2 undertakes to appear before the trial Court to
enter the witness box. Hence, the impugned order needs to be set
aside granting permission to the petitioner to adduce the
evidence.
3] In the result, the writ petition is allowed. The order
dated 24.04.2014 passed in Regular Civil Suit No.257 of 2008 is
hereby quashed and set aside. The parties to appear before the
trial Court on 19.12.2016. The Court shall permit the parties to
adduce the evidence. If any of the parties seek an adjournment on
any count, it shall be for the costs of not less than Rs.2000/- per
adjournment.
JUDGE
NSN
