Final Order 1

Order Details: Notice of Motion
Pdf Text: 29.07.2026
Sr. No.22,25
CORAM : H. H. J. P. P. KULKARNI, City Civil Court,
Mazgaon, Mumbai, Judge (C. R. No. 83).
NM4129/17
NM1466/19
(IN DISPOSED
OF SUIT No.
8340/02)
Adv. Rajesh Patil for plaintiff present through VC.
Adv. Divesh Chamboowala for defendant is present.
Kept back
Later on at 12.45 p.m
Same appearance for plaintiff and defendant.
Heard both parties on NM No.1466/2019.
ORDER ON NM NO.1466/2019
Heard both parties. By this notice of motion defendant is
seeking permission to cross-examine Mrs. Sandhya P. Patel whose
supporting affidavit is filed by plaintiff with NM No.4129/2017.
Plaintiff filed detail reply.
I have gone through record and proceeding. Vide NM
No.4129/2017 plaintiff is requesting for setting aside order of
dismissal of Summary Suit No.8340/2002. In order to elucidate
appropriate reasons, plaintiff annexed affidavit of above referred
person with notice of motion.
In order to verify genuineness of contention raised by
plaintiff in said affidavit, defendant want to cross-examine Mrs.
Sandhya P. Patel. Grounds are satisfactory. Plaintiff has made
several material contentions in the affidavit. In order to decide
whether said affidavit can be acted upon or not, an opportunity of
cross-examination should be given to defendant.
So, in the interest of justice this notice of motion is allowed.
Defendant is permitted to cross-examine Mrs. Sandhya P. Patel.
Notice of motion is disposed of and it shall form part of main suit.
Plaintiff shall see to it that Mrs. Sandhya P. Patel shall remain
present on next date for cross-examination.
On next date said matter will be taken up at about 12.45
p.m.
Matter is adjourned to 31.08.2026 for cross-examination.
Judge
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