Ajay Vasantraoji Zade v. Mahadeo Gangadhar Asutkar and Another

Bombay HC29 Jan 2025WP/530/2025

Case brief

AI extract

What is this about?

High Court of Bombay, Nagpur Bench; Writ Petition No. 530 of 2025; Ajay Vasantraoji Zade vs Mahadeo Gangadhar Asutkar and anr.; Anil L. Pansare, J.; appointment of Commissioner to examine aged Surveyor R. A. Indapawar; cross-examination through video conference; refusal orders dated 6-1-2024, 27-6-2024 and 7-11-2024 by Civil Judge Senior Division, Warora; interim stay of Regular Civil Suit No. 56/2016; notice returnable in three weeks; linked with Writ Petition No. 459/2025.

What did the court decide?

Admission-stage interim order: notice issued in the writ petition returnable in three weeks; proceedings in Regular Civil Suit No. 56/2016 stayed in the meantime; petition to be listed along with Writ Petition No. 459/2025. ¶¶14

Ajay Vasantraoji Zade vs Mahadeo Gangadhar Asutkar and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Civil Judge Senior Division, Warora was right in successively rejecting the petitioner-plaintiff's requests (appointment of a Commissioner to examine and then to cross-examine the Surveyor, and cross-examination through video conference), with the result that an old-aged Surveyor suffering from ailments would have to appear physically before the Court in Regular Civil Suit No. 56/2016.

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Court's answer

Observation recorded that, following the three refusals, an old-aged Surveyor suffering from various ailments would have to appear physically before the Court.

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Key takeaways

On consideration of the case put up by the petitioner, notice ordered to be issued in the writ petition, made returnable in three weeks.¶¶13
As an interim measure, proceedings in Regular Civil Suit No. 56/2016 before the Civil Judge Senior Division, Warora stayed pending further orders.¶¶14

Detailed headnote1 paragraphs

Bombay High Court (Nagpur Bench), W.P. No. 530 of 2025 (interim order, 29-01-2025): In a suit pending before the Civil Judge Senior Division, Warora, the trial court thrice refused accommodation to the plaintiff-petitioner regarding the examination of Surveyor R. A. Indapawar — (i) application for appointment of a Commissioner to examine him, rejected by order dated 6-1-2024; (ii) request for a Commissioner for his cross-examination, rejected by order dated 27-6-2024; and (iii) request for cross-examination through video conference, turned down by order dated 7-11-2024 — leaving an old-aged ailing witness to appear physically in Court. At admission stage, the High Court ordered issue of notice returnable in three weeks and stayed the proceedings in Regular Civil Suit No. 56/2016 in the interregnum, directing the petition to be listed along with Writ Petition No. 459/2025.

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1 wp 530.2025.odt

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

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Writ Petition No. 530 of 2025

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[Shri Ajay Vasantraoji Zade ..vs.. Shri Mahadeo Gangadhar Asutkar and anr.]

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

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- - - - Mr. B. P. Vyas, Advocate instructed by Mr. A. M. Chandekar, Advocate for the petitioner

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CORAM : ANIL L. PANSARE J.

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DATED : 29-01-2025

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Heard.

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The petitioner-plaintiff filed application for appointment of Commissioner to examine Surveyor Mr. R. A. Indapawar on the ground that he is old aged person suffering from various ailments. The application came to be rejected vide order dated 6-1-2024. Thereafter, the petitioner filed affidavit of chief-examination of the Surveyor and made a request to appoint Commissioner for the purpose of crossexamination. Even, this application came to be rejected by order dated 27-6-2024. The petitioner then made yet another request to permit cross-examination of Surveyor through video conference. This request has been also turned down by order dated 7-11-2024.

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The end result is that an old aged person suffering from various ailments will have to appear before the Court physically.

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Considering the case put up by the petitioner, issue notice, made returnable in three weeks.

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In the meantime, the proceedings in Regular Civil Suit No. 56/2016 pending before the Civil Judge Senior Division, Warora shall stand stayed.

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2 wp 530.2025.odt

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List along with Writ Petition No. 459/2025.

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(Anil L. Pansare, J.)

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wasnik

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Signed by: Mr. A. Y. Wasnik Designation: PA To Honourable Judge Date: 29/01/2025 17:06:55

Ajay Vasantraoji Zade v. Mahadeo Gangadhar Asutkar and Another

Case brief

What is this about?

What did the court decide?

Ajay Vasantraoji Zade v. Mahadeo Gangadhar Asutkar and Another

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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