Babu Miya Ismail Sheikh And Ors - Suit NO.6775 of 2000VsIbrahim Pir Bhai Shaikh And Ors

Date: 28-06-2018
Business: Adv. Shaikh for plaintiff present and tendered original notice of motion no. 2107/2018 alongwith affidavit.
Adv. Rajesh Patil for defendants present.
Heard both sides in NM No.2107/2018.
This notice of motion is filed by the plaintiff for setting aside order dated 19.1.2018 whereby the evidence of plaintiff was closed. The record shows that the affidavit evidence was filed on behalf of plaintiff on 30.11.2015. The matter is pending for cross examination since 27.10.2016. Since then the matter was adjourned at the request of advocate for plaintiff. The PW-1 was also changed as per the request made on 4.12.2017. However again on 19.1.2018, the plaintiff could not produce the witness.  Ld. Counsel for plaintiff has urged that the counsel was changed by the plaintiff and earlier counsel was discharged in June 2017. However that cannot be a reason for not producing the witness since more than one and half  year. The matter is 18 years old and sufficient opportunity has been granted to the plaintiffs. Hence notice of motion no. 2107/2018 is rejected.
The defendant was granted last chance to file evidence on 3.3.2018. Again time was granted on 7.4.2018. Today also the Ld. Counsel for defendants is seeking time on the ground of pendency of the notice of motion filed by plaintiffs. I find that the defendants had sufficient opportunity to adduce evidence. Hence the request for further time is rejected and evidence of defendants is hereby closed.
Ld. Counsel for defendants informs that the order dated 30.3.2015 deciding preliminary issue has  been challenged by the defendants before the Hon\''ble High Court. However said petition is pending without interim orders.
Nature Of Disposal: DISMISSED
Disposal Date: 28-06-2018

Filing Number: 107506/2018
Filing Date: 08-06-2018
First Hearing Date: 28th June 2018
Decision Date: 28th June 2018
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE