Jagdish S/O. Meghjibhai Seth vs Prashant S/O. Laxminarayan ...
2021 Latest Caselaw 1270 Bom

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

                       WRIT PETITION NO.98 OF 2021

Jagdish s/o Meghjibhai Seth,
Aged about 68 years, occupation Nil,
R/o "Ram Kunj", Shrawagi Plot,
Akola, taluka and district Akola.               ..... Petitioner.

                                :: V E R S U S ::

Prashant s/o Laxminarayan Jaiswal,
Aged about 40 years, occupation business,
R/o Shrawagi Plot, near Tower,
Umari Road, Akola taluka and district Akola. ..... Respondent.

===================================
Shri D.R.Goenka, Counsel for the Petitioner.
Shri N.L.Jaiswal, Counsel for the Respondent.
===================================

                CORAM      : V.M.DESHPANDE, J.
                DATE : JANUARY 19, 2021


ORAL JUDGMENT

1.             Heard       learned   counsel   Shri   D.R.Goenka        for    the

petitioner and learned counsel Shri N.L.Jaiswal for the respondent.

Rule. Rule is made returnable forthwith. Heard finally by consent of

learned counsel for parties.



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2.             This writ petition arises out of order passed by learned

Civil Judge Senior Division at Akola dated 3.3.2020 passed below

Exhibit-132 in Small Cause Suit No.9/2013. By the said, learned

Judge below rejected application filed on behalf of the petitioner for

issuing witness summons to the personnel from Akola Municipal

Corporation.


3.             The petitioner herein is a tenant and the respondent is a

landlord.     In the year 2013, a suit for eviction, possession and

recovery of arrears of rent was filed. The suit is being contested by

the petitioner.      The plaintiff completed his evidence.       Thereafter,

defendant entered into witness box. His evidence was also recorded.


4.             On 3.3.2020, the petitioner filed an application for

issuing witness summons to the Superintendent of Property Tax,

Municipal Corporation, Akola because according to the petitioner his

evidence would be relevant to decide issue about who will suffer

hardship if decree of eviction is granted. The said application was

rejected only on a ground that list of witnesses is not filed.



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5.             It is submission of learned counsel Shri D.R.Goenka for

the petitioner that except the Superintendent of Property Tax,

Municipal Corporation, Akola he does not wish to examine any other

witness in this matter. His statement is accepted.


6.                Learned counsel Shri N.L.Jaiswal for the respondent

landlord, on instructions from the respondent, makes a submission

before this Court that he has no objection if the application is granted

by this Court. However, he submits that suit is waiting verdict from

2013 and, therefore, it is his submission that trial be expedited.


7.             In view of objection given by learned counsel Shri

N.L.Jaiswal for the respondent, this writ petition can be disposed of

with some directions. Hence, following order is passed:


                                 ORDER

(1) The order passed by learned Civil Judge Senior Division at Akola

dated 3.3.2020 passed below Exhibit-132 in Small Cause Suit

No.9/2013 is hereby quashed and set aside.

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(2) Application Exhibit-132 filed by the petitioner is hereby allowed.

(3) The petitioner is directed to complete all ministerial acts of taking

summons for witness to the Superintendent of Property Tax,

Municipal Corporation, Akola by 25.1.2021.

(4) The Trial Court shall direct the Superintendent of Property Tax,

Municipal Corporation, Akola that he/she shall remain present in the

Court on 28.1.2021 along with property tax assessment record and

tax receipts etc. as claimed in Exhibit-132.

(5) The petitioner is directed to examine the said witness on

28.1.2021 positively without giving any excuses.

(6) Learned Civil Judge Senior Division at Akola is hereby directed to

dispose of Small Cause Suit No.9/2013 pending on its file by

10.3.2021 the said being old one.

(7) The petitioner is directed to extend full cooperation to learned

Judge below for expeditious disposal and shall not file applications

for adjournment.

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(8) The petitioner is directed to appear before the Court below on

22.1.2021.

JUDGE

!! BRW !!

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