Final Order 1

Order Details: Other
Pdf Text: Daily Status IN THE COURT OF :COURT 63 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0104013/2019
Abdul Razak Abdulkarim Bachu Vs Shahnaz Bi D/o. Abdul Karim Bachu And Ors.
Date : 06-09-2023
Business : CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63) None
present for plaintiff. Adv. M. N. Dhamal present for defendant
nos.02 to 04 and 06. Heard adv. for defendant nos.02 to 04 and
06 on NM no. 4013/2019 and perused reply affidavit of
plaintiff filed on 06.01.2019. In the same affidavit plaintiff has
submitted to treat the same as his argument. Plaintiff strongly
opposed the Notice of Motion on the grounds that adv. for
defendant sought many adjournment and earlier also no cross
order was set-a-side and therefore Notice of Motion be
dismissed. Upon perusal of record it appears that after setting-
a-side no cross order on 18.09.2017, cross-examination of
plaintiff was partly recorded and then on some dates plaintiff
remained absent and on some dates adv. for defendants sought
adjournment. Plaintiff is senior citizen and considering his
physical condition, no cross order was passed on 19.09.2019
which sought to be set-a-side. Considering the physical
condition of plaintiff and nature of suit, no cross order needs to
be set-a-side with heavy costs in view of the second order of no
cross-examination passed against defendants. Hence, I passed
following order. Order: 1) Notice of Motion no.4013/2019 is
allowed in terms of prayer clause (a) subject to costs of
Rs.1,500/- to be paid or deposited in court within 15 days from
today. 2) Adv. for defendant nos.02 to 04 and 06 is directed to
complete the cross-examination in 2-3 sessions without fail
subject to presence of plaintiff/PW-01. 3) Notice of Motion
no.4013/2019 is disposed off accordingly.
Nature of Disposal : ALLOWED
Disposal Date : 06-09-2023
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