This writ petition challenging orders rejecting re-examination and witness summons applications was disposed of as not pressed by the petitioner, albeit with liberty to agitate the issue in an appeal if the decree later goes against him.
Petition disposed of as not pressed with liberty to raise the issue in the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
wp-3936-13.sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3936 of 2013
Dinesh Mahadev Kubal versus
Dhananjay Balkrsihna Gondkar & Ors.
: Petitioner
: Respondents
Mr. A. S. Khandeparkar i/b Khandeparkar & Associates for the Petitioner
CORAM:- R M SAVANT, J DATED :- 26th APRIL, 2013.
P.C.
2013 passed by the Learned Civil Judge Senior Division Sindhudurg-Oros, by which order, the application Exhibit 186 filed by the Plaintiffs for being permitted to re-examine himself for proving two documents i.e. notice and the postal receipt came to be rejected, as also the Order dated 15-4-2013 passed on Exhibit 187 which was an application for witness summons being issued to the three witnesses which have been mentioned in the application, came to be rejected.
2 The Learned Counsel appearing for the Petitioner on instructions states that he would not press the above Petition and would raise the issue raised in the above Petition in the Appeal that would be required to file if
decree ultimately goes against the Petitioner. The Writ Petition is
mmj
1/2
accordingly disposed of as not pressed with liberty to the Petitioner to agitate the issue raised in the above Petition in the Appeal if the decree
ultimately goes against him.
(R M SAVANT, J)
mmj
2/2
1 issue framed by the court
Whether the writ petitioner presses the challenge to the orders rejecting re-examination and witness summons applications.
Dinesh Mahadev Kubal
Dhananjay Balkrsihna Gondkar
R.M. Savant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
