Allowed

Smt. Janabai Shivram Chothe through Poa Suresh Shivram Chothe v. Shri. Balgonda Shivagouda Patil and Ors.

Bombay HC21 Dec 2021WP/2938/2020

Case brief

AI extract

What is this about?

The court allowed a writ petition where the petitioner, aggrieved by a refusal to cross-examine plaintiffs, was granted indulgence due to a separate prior order allowing co-defendants to cross-examine subject to payment of costs. The order is set aside provided costs are paid.

What did the court decide?

Impugned order set aside subject to petitioner paying costs to Plaintiffs; cross-examination scheduled between 17.01.2022 and 31.01.2022.

Smt. Janabai Shivram Chothe through Poa Suresh… — Civil Procedure and Limitation | Bombay HC (2021)

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9-WP2938-2020.DOC

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AGK

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2938 OF 2020

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Smt. Janabai Shivram Chothe, through PoA ...Petitioner
Suresh Shivram Chothe

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Versus

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Balgonda Shivagouda Patil & Ors....Respondents

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Mr. Aditya Raktade, for the Petitioner.

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CORAM: Smt. Bharati Dangre, J. DATED: 21st December 2021

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P.C.:-

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Digitally signed by ATUL ATUL GANESH KULKARNI GANESH Date: KULKARNI 2021.12.22 16:01:13 +0530

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1.Heard the Counsel for the Petitioner, who is impleaded
as Defendant No. 18 in Regular Civil Suit No. 98 of 2002. He
is aggrieved by an order dated 25.09.2018 passed by the
learned Joint Civil Judge Junior Division, Gadhinglaj, by
which his application filed vide Exhibit D-556 seeking
permission to cross-examine the Plaintiffs, by setting aside the
order of “No Cross” passed on 25.04.2017 is requested to be
recalled.

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2.On hearing the Counsel for the Petitioner and on perusal

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Page 1 of 3

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9-WP2938-2020.DOC

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of the impugned order, I am satisfied that the Petitioner do
not deserve any indulgence, particularly when the learned
Judge has recorded that the cross-examination of the Plaintiffs
on behalf of Defendant Nos. 1 to 6 was over on 17.01.2017
and though sufficient opportunity was afforded to Defendant
Nos. 7 to 22 to cross-examine the Plaintiffs, the opportunity
was not availed. Recording that even the application of
Defendant Nos. 12 to 17 and 19 to 22 was rejected, the
request of the Petitioner / Defendant No. 18 was also turned
down.

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3.My attention is invited to an order passed by this Court
on 17.09.2019 on a writ petition filed by Defendant Nos. 7 to
9, 12 to 17, and 19 to 22 being aggrieved by the refusal to
show any indulgence to permit them to cross-examine the
Plaintiffs. This Court has showed his magnanimity and
permitted the cross-examination subject to payment of Rs.
10,000/- by way of costs to the Plaintiffs.

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4.I must make it clear that I am persuaded to pass this
order only because of the indulgence shown by this Court in
respect of the co-Defendants.

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The impugned order is, therefore, set aside subject to
the Petitioner paying cost of Rs. 10,000/- to be paid by the
Petitioner to the Plaintiffs, along with Rs. 3,000/- already

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Page 2 of 3

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9-WP2938-2020.DOC

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deposited by the Petitioner in this Court to show his bona
fides. The Petitioner is at liberty to withdraw the said amount
of Rs. 3,000/- and make it over to the Plaintiffs. Upon the
entire amount being transmitted to the Plaintiffs within a
period of two weeks from today, the cross-examination of the
Plaintiffs at the instance of the Defendant No. 18 shall be
granted.

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5.The learned Trial Court is directed to schedule the cross-
examination of the Plaintiffs at the instance of this Petitioner
in the week commencing from 17.01.2022 and shall conclude
the same by 31.01.2022. If within this period, the Petitioner/
Defendant No. 18 is not able to cross-examine the Plaintiffs, it
shall be taken that he has lost this opportunity to cross-
examine.

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The Writ Petition is allowed in the aforesaid terms.

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(Smt. Bharati Dangre, J.)

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Page 3 of 3

Smt. Janabai Shivram Chothe through Poa Suresh Shivram Chothe v. Shri. Balgonda Shivagouda Patil and Ors.

Case brief

What is this about?

What did the court decide?

Smt. Janabai Shivram Chothe through Poa Suresh Shivram Chothe v. Shri. Balgonda Shivagouda Patil and Ors.

Case brief

What is this about?

What did the court decide?

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