Basil Shamrao Rath And ORS v. Chandrakant V. Patil (Deceased) Thr Lrs.Vidya Chandrakant Patil And ANR

osk 26-ao-310-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 310 OF 2018 WITH CIVIL APPLICATION NO. 405 OF 2018 Basil Shamrao Rath & Ors.

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Appellants V/s.

Chandrakant V. Patil (Since deceased) Through LR.

Vidya Chandrakant Patil & Anr.

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Respondents • Mr.Yagnik a/w. Ms.Joyce S. Rath for the Appellants. • Ms.Amruta Athavale i/b. Mr.Rajendra C. Dhuru for Respondent No.1.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 14th JANUARY, 2019.

P.C. :

1] This Appeal from Order is preferred against the order passed by the City Civil Court on 21/03/2018 whereby the Notice of Motion No.1472 of 2017 filed in Suit No.8117 of 1986 is made absolute. The said Notice of Motion was filed seeking permission to set-aside the order dated 04/04/2016 forfeiting right of cross-examination of Plaintiffs' witnesses by Defendant No.1 and for grant of permission to cross-examine them in the interest of justice. 1/2

osk 26-ao-310-2018.odt 2] Needless to state that, against such order the Appeal from Order is not at all maintainable. The proper remedy for the Appellant is to file the Writ Petition.

3] Hence, the Appeal along with Civil Application stand dismissed with liberty to the Appellant to take proper steps. [DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2