The High Court allowed a writ petition quashing a 'no cross' order in a civil suit concerning immovable property, granting one final chance to the petitioners to cross-examine a witness in the interest of justice.
The impugned 'no cross' order dated 09/02/2023 was quashed and set aside.
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.
905-WP-8495-23
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.8495 OF 2023
Maroti Baburao Biradar and another .... Petitioners Versus
Sau. Kalavai Ramrao Kaname and others .... Respondents
Mr. V.H. Pathade, Advocate for the Petitioners Mr. T.M. Venjane, Advocate for Respondent No.1 Mr. P.N. Kutti, AGP for Respondent Nos. 2 to 4
[ CORAM : NITIN B. SURYAWANSHI, J.] DATE : 18th JULY, 2023
ORDER :
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immovable property are involved in the present case, in the interest of justice and with a view to give fair opportunity to the petitioner to contest the case on merits, the petitioners/defendants deserve one last chance to crossexamine the witness. In that view of the matter, the writ petition is allowed.
[ NITIN B. SURYAWANSHI ] JUDGE
S.P. Rane
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2 issues framed by the court
Whether the High Court should quash the 'no cross' order despite the petitioners' failure to examine witnesses earlier.
Whether to grant an extension for cross-examination in a case involving immovable property rights.
Maroti Baburao Biradar and another
Sau. Kalavai Ramrao Kaname and others
NITIN B. SURYAWANSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
