Manmohan S/O Gopilal Sawal And ... vs Kamlabai Wd/O Shyamrao Lakhe And ...
2017 Latest Caselaw 1662 Bom

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


                            WRIT PETITION NO.485 OF 2017


 1]         Manmohan s/o Gopilal Sawal,
            Aged about 57 years,
            Occ: Business,
            C/o Manmohan Printing Press,
            Gandhi Gate, Mahal, Nagpur.

 2]         Indira w/o Manmohan Sawal,
            Aged about 55 years,
            Occ: Business,
            R/o Ogle Road, Mahal, Nagpur.                                    ....... PETITIONER

                                            ...V E R S U S...

 1]         Kamalbai wd/o Shyamrao Lakhe,
            Aged about 80 years,
            Occ: Household.

 2]         Raju s/o Shyamrao Lakhe,
            Aged about 60 years,
            Occ: Service.

 3]       Sanjay s/o Shyamrao Lakhe,
          Aged about 55 years,
          Occ: Service.
          1 to 3, R/o Near Tilak Statue,
          Gadikhana, Mahal, Nagpur.                          ....... RESPONDENTS
 -------------------------------------------------------------------------------------------
          Shri Naresh R. Kukwas, Advocate holding for Shri N.G. 
          Jetha, Advocate for Petitioners.
          Shri R.I. Agrawal, Advocate for Respondent Nos.1, 2 and 3.
 -------------------------------------------------------------------------------------------

                      CORAM:  R.K. DESHPANDE, J. 

th APRIL, 2017.

                      DATE:      12





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 ORAL JUDGMENT



 1]                   Rule,   made   returnable   forthwith.   Heard   finally   by

consent of the learned counsels appearing for the parties.

2] On 09.12.2016 the Trial Court passed an order of no

cross of the plaintiffs by the defendants. On 16.12.2016, the Trial

Court passed an order closing the evidence of the defendants.

The dispute is between the landlord and the tenant.

The defendants-tenants are before this Court in this writ petition

challenging the said orders.

3] The learned counsel for the respondents submit that

the respondents have no objection for setting aside the order

provided heavy cost is imposed and the direction is given to the

Trial Court to decide the suit within a stipulated period.

4] In the result, the writ petition is allowed. The orders

dated 09.12.2016 and 16.12.2016 passed by the Trial Court are

hereby quashed and set aside. The petitioners-defendants are

permitted to cross-examine the plaintiffs and his witnesses.

Similarly, the defendants are permitted to lead their own

wp485.17.J.odt 3/3

evidence. The petitioners to pay cost of Rs.5000/- to the

respondents on the next date of hearing before the Trial Court.

The Trial Court to complete the entire proceeding and decide the

suit on or before 31.07.2017. Any adjournment on the part of the

petitioners-defendants shall be subject to the cost of not less than

Rs.5000/- per adjournment.

JUDGE

NSN