Updesh S/O Champalal Jhawar vs Dharamnarayan S/O ...
2017 Latest Caselaw 2021 Bom

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                                                          wp2583.17.odt

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

                   Writ Petition No.2583 of 2017


  Updesh s/o Champalal Jhawar,
  Aged about 47 years,
  Occupation - Business,
  Proprietor of M/s. Maheshwari Stores,
  having its shop at Ground Floor,
  Shree Sadan, Plot No.71,
  Central Avenue Road,
  Nagpur.                                          ... Petitioner/
                                                   Ori. Defendant

       Versus

  1. Dharamnarayan s/o Jagdeeshprasad
     Khandelwal,
     Aged 46 years,
     Occupation - Business.

  2. Smt. Rajani w/o Dharamnarayan
     Khandelwal,
     Aged 43 years,
     Occupation - Business.

       Respondent Nos.1 and 2 both
       R/o Shree Sadan, Plot No.71,
       Central Avenue Road,
       Nagpur.                                     ... Respondents/
                                                       Ori. Plaintiffs

  Shri P.S. Tiwari, Advocate for Petitioner.
  Shri R.M. Sharma, Advocate for Respondents.




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                Coram : R.K. Deshpande, J.

th Dated : 26 April, 2017

Oral Judgment :

1. Rule, made returnable forthwith. Heard finally by

consent of the learned counsels appearing for the parties.

2. It is not in dispute that on 31-3-2017, there was an

abstention of lawyers in view of the call given by the Bar Council

of Maharashtra and Goa. In view of this, the Trial Court should

not have passed an order on 31-3-2017, closing the case of the

defendant for evidence. The impugned order, therefore, needs to

be set aside.

3. In the result, the petition is allowed. The impugned

order dated 31-3-2017 is hereby quashed and set aside.

It is informed that the matter is fixed before the Trial

Court on 29-4-2017.

The learned counsel for the petitioner/defendant

submits that the petitioner undertakes to conduct the evidence

wp2583.17.odt

and to co-operate with the Trial Court for disposal of the matter.

The Trial Court to decide the matter within a period of

six month from today.

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

costs.

JUDGE.

Lanjewar.