Order 2

Order Details: Order Below EX 1
Pdf Text: C. C. No. 25 DV 2022 Bilques Begam Vs Mohd. and ors.
CNR No.MHMM18-000955-2022
C. C. No. 52 DV 2022 Akbari Vs Bilques and ors.
CNR No.MHMM18-002057-2022
COMMON ORDER BELOW EXH.1
(In C.C.Nos.25 DV 2022 and 52 DV 2022)
1. Both the parties and their advocates present.
2. After going through the record of both the matters, it is noticed that
the first matter bearing C.C.No.25 DV 2022, is filed by Mrs. Bilques, by
daughter-in-law, against Mr. Mohd. and ors. i.e. against husband and
mother-in-law, Mrs. Akbari Begum. Then another matter, amongst same
parties i.e. the second matter bearing C.C.No.52 DV 2022, came to be
filed by Mrs. Akbari, by mother-in-law, against Mrs. Bilques i.e. against
daughter-in-law.
3. The pleadings and reliefs claimed in both the matters reflects that
the issues involved and the reliefs claimed in both the matters are almost
identical claimed against each other. Both the parties residing in the same
house and reliefs claimed in respect of the said house. The other reliefs of
consequential nature are also somewhat same. Thus, both are counter
proceedings pending between both the parties, based on common facts
and common evidence.
4. The evidence in first matter, bearing C.C.No.25 DV 2022, is
concluded and today the said matter is fixed for deciding on the fact
whether opportunity to cross examine and lead evidence can be given to
the respondent Mrs. Akbari, or not? or final arguments in it. The counter
matter bearing C.C.No.52 DV 2022, is pending for filing evidence
affidavit of the applicant, Mrs. Akbari, in it.
5. As both being counter proceedings, pending between same parties
based on common facts and evidence and reliefs claimed are also
somewhat same to be granted against each other and can be granted only
in favour of one of the party, it can be said that there is every possibility
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C. C. No. 25 DV 2022 Bilques Begam Vs Mohd. and ors.
CNR No.MHMM18-000955-2022
C. C. No. 52 DV 2022 Akbari Vs Bilques and ors.
CNR No.MHMM18-002057-2022
of repetition, confusion and consequent conflicting decision. For avoiding
this thing it is necessary that both the parties shall lead the common
evidence in both the matters, simultaneously one after another.
6. As stated above, the evidence affidavit is already on record in
C.C.No.25 DV 2022, filed by the daughter-in-law Mrs. Bilques. The
respondents today filed on record the application to set a side no cross
order in it. Considering principles of natural justice and the peculiar status
of the matters, the opportunity to cross examine her needs to be granted to
other side. The said matter being filed earlier in time, the evidence in it
can be continued further, by granting permission to file additional
evidence affidavit, in it, in respect of her defence in counter matter
bearing C.C.No.52 DV 2022.
7. After conclusion of evidence of Mrs. Bilques, in both the matters,
the respondent Mr. Mohd. Ali Shaikh, and then Mrs. Akbari, can lead
their evidence. While doing so Mrs. Akbari, can file her common
evidence affidavit, in respect of her application and her defence in counter
matter, bearing C.C.No.25 DV 2022.
8. Considering all these aspects, the permission needs to be granted to
both the sides to lead their evidence and also cross examined their
respective opposite side. Accordingly, following order in the interest of
justice -
ORDER
a. The no cross order and evidence close order passed against
respondents, in C.C.No.25 DV 2022, is set a side subject to cost of
Rs.2,000/- to be paid to the applicant Mrs. Bilques, within one month
from today and it is kept for verification and cross examination of the said
applicant on next date.
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C. C. No. 25 DV 2022 Bilques Begam Vs Mohd. and ors.
CNR No.MHMM18-000955-2022
C. C. No. 52 DV 2022 Akbari Vs Bilques and ors.
CNR No.MHMM18-002057-2022
b. The said applicant Mrs. Bilques, is permitted to file additional
evidence affidavit, if any, in respect of her defence in respect of counter
matter, bearing C.C.No.52 DV 2022, filed against her, on or before next
date.
c. She is also permitted to lead additional evidence, if any, by way of
common affidavits of other witnesses, which will be read in both matters.
d. After completion of evidence of Mrs. Bilques, as above in both the
matters, the respondent Mr. Mohd. Ali Shaikh, shall lead his defence
evidence in C.C.No.25 DV 2022.
e. After conclusion of evidence of Mrs. Bilques, and Mr. Mohd. Ali
Shaikh, as above, Mrs. Akbari Begum shall file her common evidence
affidavit, for both matters. She is also permitted to file additional
evidence, by way of common evidence affidavits of her witnesses, if any,
for both the matters, after conclusion of her cross examination.
f. In view of above order, it is clarified that respective opposite sides
shall also cross examine the respective witnesses in common for both the
matters.
g. Both the parties, and their advocates, now present before court,
shall take note.
h. Copy of this order shall be kept in both the matters.
MUMBAI (KOMALSING RAJPUT)
DATE – 10.03.2025 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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