Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 60/2020 in Suit 4538/2007
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 60 OF 2020
IN
SUIT NO. 4538 OF 2007
CNR NO. : MHCC010001422020
Smt. Seema Shantaram Zagade & Ors. ...Plaintiffs
Versus
Shri. Dattaram Raghu Zagade & Ors. ...Defendants
Appearance:
Mr. Rahul Thorat, Advocate for plaintiffs.
Mr. M.S. Lad, Advocate for Defendant No. 1
CORAM :SMT. S.S. NAGUR,
AD HOC JUDGE &
ASST. SESSIONS JUDGE,
(C.R.NO.13)
DATE : 07/01/2020
ORAL ORDER
1. The notice of motion is filed by defendant to set aside the no
cross examination of plaintiff dated 11.09.2019. The notice of
motion is supported by affidavit of Dattaram Zagade. He stated on
oath that he took out chamber summons bearing no. 1170 of 2018
challenging and discharging additional examination in chief and
documents of the plaintiff. The said chamber summons is
dismissed on 13.02.2019. The defendant was suffering from illness
therefore could not attend the Court. The suit has proceeded
without cross examination of plaintiff's witness. In case, the order
is not set aside, the serious prejudice will cause. Hence, prayed to
allow the notice of motion.
2. The plaintiff filed reply in the notice of motion stating that
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2 NM 60/2020 in Suit 4538/2007
they are objecting to grant any orders in the notice of motion.
3. Heard advocate Mr. Lad for the defendant and Mr. Thorat
for the plaintiff.
4. I have gone through the roznama. On 11.09.2019 nobody on
behalf of defendants were present. The directions were given on
12.06.2019 to the defendant to proceed with the cross
examination. The defendant failed to appear, therefore no cross
examination order was passed. The suit is for partition and for
separate possession. The plaintiffs and defendants are near
relatives. Considering the nature of the suit, the opportunity
should be granted to the defendant to cross examine the plaintiffs'
witness. The plaintiff can be compensated with costs. Hence, pass
following order:
ORDER
1. The notice of motion is allowed on payment of
cost of Rs. 2,000/ (Rupees Two Thousand
Only) to the plaintiff to be paid on or before
next date.
2. On payment of the above cost, no cross order of
plaintiffs' witness dated 11.09.2019 is set aside
with direction to the defendant to cross
examine the witness.
3. Accordingly, notice of motion is disposed of.
(Smt. S.S. Nagur)
Adhoc Assistant Sessions Judge
Gr. Mumbai.
Dictated on : 07/01/2020.
Transcribed on : 07/01/2020.
Sign on : 07/01/2020.
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3 NM 60/2020 in Suit 4538/2007
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
08/01/2020 2.55 p.m. Prachi Y. Potdar (H.G.)
Name of the Judge HHJ Smt. S.S. Nagur
(CR No.13)
Date of Pronouncement of
Judgment/Order.
07/01/2020
Judgment/order signed by P.O on 07/01/2020
Judgment/order uploaded on 08/01/2020
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