Two writ petitions by a defendant in an eviction suit challenged Small Causes Court, Nagpur orders: closure of his evidence and refusal of recall, and rejection of permission to repair the suit premises. The High Court declined interference and dismissed both petitions without costs.
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.
1 914-2471-24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 2471/2024
Naresh Bhagandas Khunghar Vs. Kailashbhai Gupta and others WITH
WRIT PETITION NO. 2393/2024
Naresh Bhagandas Khunghar Vs. Kailashbhai Gupta and others
Office Notes, Office Memoranda Court's or Judge's orders of Coram, Appearances, Court's orders or directions and Registrar's orders
Mr. S.T. Madnani and Mr. P.R. Chakole, Advocate for petitioner Mr. S.S.Sitani, Advocate for Respondents
CORAM: N.R. BORKAR, J.
DATED : 9th JULY, 2024
WRIT PETITION NO. 2471/2024
This petition takes exception to the orders dated 18.03.2024 and 22.03.2024 passed by the Small Causes Court, Nagpur below Exh.1 and Exh.81 respectively in Regular Civil Suit No. 36/2017.
2 914-2471-24.odt
petitioner. I have perused the impugned orders. It appears that even on prior occasion also i.e. on 15.07.2022, the evidence of the petitioner was closed and the said order was recalled subject to costs of Rs.6000/-
WRIT PETITION NO. 2393/2024
This petition takes exception to the order dated 26.03.2024 passed by the Small Causes Court, Nagpur below Exh.83 in Regular Civil Suit No. 36/2017. The petitioner herein is the defendant in the above-mentioned suit filed by the respondents herein for eviction and possession of the suit property. By the order impugned the trial Court has rejected the application filed by the petitioner seeking permission to repair the suit premises.
3 914-2471-24.odt
MP Deshpande
Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 24/07/2024 18:34:56
1 issue framed by the court
Whether to interfere with the trial court's orders closing the defendant's evidence and rejecting its recall and repair applications in an eviction suit.
Naresh Bhagandas Khunghar
Kailashbhai Gupta
others
N.R. Borkar
As recorded by the court registry
7 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
