Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
NOTICE OF MOTION N0.2289 of 2019
IN
S.C.SUIT NO.4022 OF 2009
(CNR NO.MHCC010063242019)
1. Vishram Ramkrishna Shenai and Anr. )...Plaintiffs.
Versus )
Ishwarsingh Chauhan )...Defendant.
Appearance:
Ld.Advocate Mr.Karandikar for plaintiffs.
Ld.Advocate Ms.Mical for defendant.
CORAM: HIS HONOUR JUDGE
SHRI R.V.KOKARE
DATE :21/01/2020 (C.R.No.31)
O R D E R
This notice of motion is taken out by the plaintiffs for setting
aside closing of the evidence of the plaintiff order passed on
23/04/2019. This notice of motion resisted on behalf of the defendant
by filing reply. Read the present notice of motion, affidavit of the
plaintiff in support of the notice of motion and reply of the defendant.
Heard both the learned counsels on behalf of both the sides at length.
Perused the record.
2. After hearing the arguments advanced on behalf of both the sides
at length and scrutiny of pleadings of the present notice of motion and
reply and after perusal of the record, admittedly, the evidence of the
plaintiffs have been closed by this Court by order dated 23/04/2019. By
way of this notice of motion, the plaintiffs requested that the plaintiff
no.1 has examined himself as P.W. no.1 and examined one another
witness Tukaram Raghunath Parab. The plaintiffs want to examine the
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panch witness of spot panchanama and Dr.N.D.Lad, Medical officer
attached to Sion Hospital who had conducted Post Mortem of the
deceased. Admittedly, the present suit came to be filed by the plaintiff
for damages against the defendant. Therefore, it requires to prove on
behalf of the plaintiff that the spot panchanama and post mortem
conducted by the Medical Officer of Sion Hospital.
3. If the evidence closing order passed by this Court is to be set
aside, an opportunity is given to the plaintiff for examining remaining
witnesses i.e. panch witness of the Spot panchanama and Medical
officer who has conducted the post mortem of the deceased, then it will
not cause any injustice on the part of defendant. Admittedly, this notice
of motion came to be filed on 25/06/2019. Whereas, evidence closing
order passed on 23/04/2019. Therefore, it requires to impose costs on
the plaintiff for setting aside closing evidence order passed on
23/04/2019. Therefore, I am inclined to allow this notice of motion.
Hence, I proceed to pass following order.
ORDER
1. Notice of motion no. 2289/19 is hereby allowed as prayed,subject to
cost of Rs.1,000/( Rupees One Thousand only).
2. The plaintiff shall deposit cost amount of Rs.1,000/ to D.L.S.A.,
Mumbai.
3. Notice of motion no. 2289/19 is disposed off accordingly.
Date : 21/01/2020 (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 21/01/2020
Transcribed on: 21/01/2020
Signed by HHJ: 21/01/2020
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
21/01/2020 Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.31)
Date of Pronouncement of
Judgment/Order
21/01/2020
Judgment/order signed by P.O on 21/01/2020
Judgment/order uploaded on 21/01/2020
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