Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.166 OF 2018
CNR MHCC010006052018
IN
S.C.SUIT NO. 2019 OF 2008
CNR MHCC010025432008
Pradeep Raghunath Patole )....Plaintiff.
V/s.
1. Shri Bapu Dinanath Dicholkar & Anr. )...Defendants.
CORAM : HIS HONOUR JUDGE
SHRI. KISHORE M.JAISWAL
(C.R. NO.02)
DATE : 28/06/2018.
Plaintiff inperson present
Adv. Vyas for the defendants.
ORAL ORDER
This notice of motion is taken out by the plaintiff for
setting aside the order dated 26th October, 2017 wherein the evidence
of PW no.1 was declared as 'closed'. This notice of motion is supported
by an affidavit being executed by plaintiff who is PW no.1 in the suit.
The defendant has strongly opposed this notice of motion by filing a say
on it.
2. Heard plaintiff inperson and learned advocate Mr. Vyas for
the defendants.
3. There is no doubt about the fact that the main suit is very
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old one as it is instituted in the year 2008. The roznama dated 26th
October, 2017 reflects that on that day none appeared for the plaintiff
and even the plaintiff witness was absent. The main suit is for
declaration that the defendants are trespasser in respect of the suit
premises. It is an admitted fact that the defendants has also filed the
suit bearing RAD Suit No. 1546 of 14 which is pending at Small Causes
Court, Mumbai. In my considered opinion, considering the nature of
the suit and the reasons as mentioned in paragraphs no. 5 to 8 and for
fair trial and for proper adjudication of the case, the order dated 26th of
October, 2017 needs to be set aside. Today before the Court, PW no.1
Pradeep Patole is present . He has made a statement before the Court
that on next date he will remain present for the purpose of cross
examination. Considering over all circumstances and further to decide
the suit on merits, I pass the following order.
ORDER
1. Notice of motion no. 166 of 18 is allowed and
made absolute in terms of prayer clause (a) with
specific directions that next date PW no.1 Pradeep
Patole shall remain present before the Court for the
purpose of cross examination.
2. Notice of motion is disposed of accordingly.
(Kishore M. Jaiswal )
Addl. Sessions Judge,
City Civil & Sessions Court,
Greater Mumbai.
Date:28/06/2018.
Dictated on : 28/06/2018.
Transcribed on : 28/06/2018.
Signed on :
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“Certified to be True And Correct copy of the Original.
Signed Judgment/Order.”
Upload Date 30/06/2018 And
Time at 11.25a.m.
p.m.Name of Stenographer
(Mrs. V.V.Mhatre)
Name of the Judge (With Court
room No.)
H.H.J Shri Kishore M. Jaiswal
(C.R. No.02)
Date of Pronouncement of
JUDGMENT / ORDER
28/06/2018
JUDGMENT / ORDER signed by
P.O.on
29/06/2018
JUDGMENT / ORDER uploaded on 30/06/2018
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