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Bombay High CourtRPW/7/2022disposed off

Abhay Vadilal Shah @ Abhaybhai Vadilal Shah v. Quresh Abdulhusain Ezzi

2022-02-10Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

1/2 7 RPW-7-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by SALGAONKAR M M Date: 2022.02.11 01:30:28 +0530 SALGAONKAR M M CIVIL APPELLATE JURISDICTION REVIEW PETITION NO.07 OF 2022 IN WRIT PETITION NO.1108 OF 2022 Abhay Vadilal Shah @ Abhaybhai Vadilal Shah ..

Petitioner

Versus

Quresh Abdulhusain Ezzi ..

Respondent ...

Mr.Prasad Dhakephalkar with Mr.Jaydeep Deo for the Review Petitioner and for the original Respondent in WP/1108/22. Mr.G.S.Godbole with Ms.Kavita A. Shah for the Respondent and for the original Petitioner in WP/1108/22. ...

CORAM: RAVINDRA V. GHUGE, J.

DATED : 10th FEBRUARY, 2022 P.C:- 1.

I have considered the submissions of the learned Senior Advocate Shri Dhakephalker and ShrI Godbole, the learned Advocate, on behalf of the respective sides. There is a consensus between the parties with regard to a slight alteration in the duration allotted for completing the crossexamination of PW 1 at clauses (b) and (e) under paragraph 6, of the order dated 04/02/2022.

2.

Accordingly, the date "10/02/2022" appearing in clause (b) shall be read as "14/02/2022" and the date "16/02/2022" M.M.Salgaonkar

2/2 7 RPW-7-22.doc appearing in clauses (b) and (e) shall be replaced with the date "18/02/2022". The order dated 04/02/2022 shall be corrected and shall be uploaded.

3.

Shri Dhakephalkar has made a further request on behalf of the review petitioner that if the cross-examination is not concluded on 18/02/2022, the review petitioner would approach this Court for an extension. Shri Godbole has strenuously opposed the said request.

4.

I fnd that PW 1 has been cross-examined since August 2018 and the cross-examination has covered almost 40 typed pages. Further, fve days are granted to cross-examine PW 1 on day-to-day basis with a request to the learned trial Judge that he would permit such cross-examination on day-to-day basis. This issue cannot be stretched beyond a particular limit and, therefore, the request of the review petitioner for an extension, if required beyond 18/02/2022, stands rejected. 5.

The review petition is accordingly disposed off. ( RAVINDRA V. GHUGE, J.) M.M.Salgaonkar