Allowed

Dadaji Parasram (Parsu) Asutkar and Others v. Pundlik Jayram Gokhare and Others

Bombay HC24 Feb 2020WP/4038/2018

Case brief

AI extract

What is this about?

This writ petition challenged an order rejecting an application to cross-examine a witness (PW-1). The High Court set aside the impugned order, allowed the application for cross-examination, and directed the trial court to conclude the proceedings within six months with strict cooperation from parties.

What did the court decide?

Impugned order dated 05.04.2018 set aside; application allowed; cross-examination permitted on 28.02.2020; suit decided within six months.

Dadaji Parasram (Parsu) Asutkar and Others Vs… — Civil Procedure and Limitation | Bombay HC (2020)

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(1)

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26.wp.4038.18

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

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WRIT PETITION NO.4038 OF 2018

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Dadaji Parasram (Parsu) Asutkar and others.
Vs.

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Pundlik Jayram Gokhare and others.

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 - - – - - - - - - – - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions
and Registrar's orders

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 Court's or Judge's orders

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Shri A. A. Dhawas, Advocate for petitioners.
Shri M. B. Turankar, Advocate for respondent nos.1
and 2.

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CORAM : AVINASH G. GHAROTE, J. DATE :FEBRUARY 24,2020.

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Heard learned counsel for the parties.

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2.The order dated 05.04.2018, rejecting an
application seeking to cross-examine the PW-1 has been
challenged in the present petition. Shri M. B. Turankar,
learned counsel for the respondent nos.1 and 2 / original
plaintiffs, has no objection, if the impugned order is set aside,
subject to the condition that the date be fixed on which the
counsel for the defendants should cross-examine the witness
and the matter be directed to be decided expeditiously. The
respondent nos.3 and 4 though served, none appears for
them.

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3.Considering the fair statement made by learned
counsel for the respondent nos.1 and 2/plaintiffs, the
impugned order dated 05.04.2018, passed in R.C.S. No.19

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(2) 26.wp.4038.18

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2015, below Exh.59, by the Civil Judge Junior Division,
Bhadrawati, is hereby set aside. The application at Exh.59 is
allowed.

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4.The learned counsel for the defendant nos.1 to 6 is
directed to cross-examine the PW-1 on 28.02.2020, without
fail. The Trial Court shall decide the proceedings as
expeditiously as possible and in any case within a period of six
months from today.

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5.Learned counsel for parties are directed to co-
operate with the Trial Court in expeditious decision of the suit
within the above period. The Trial Court to act upon the
authenticated copy of this order.

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The Writ Petition is disposed of. No order as to

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costs.

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JUDGE

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Sarkate

Dadaji Parasram (Parsu) Asutkar and Others v. Pundlik Jayram Gokhare and Others

Case brief

What is this about?

What did the court decide?

Dadaji Parasram (Parsu) Asutkar and Others v. Pundlik Jayram Gokhare and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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