Dattani Nagar One Co-Op. Housing Society Ltd. v. The State Of Maharashtra And ORS

1 WP 8361-16.doc-3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8361 OF 2016 Dattani Nagar One Co-Op. Housing ] Society Ltd.

] ... Petitioner

Versus

The State of Maharashtra & Ors.

] ... Respondents Mr. Amarendra Mishra for Petitioner.

Mr. A. N. Narula a/w Ms. Meena i/b Jhangiani Narula & Associates for Respondent No.2.

CORAM :- N. M. JAMDAR, J.

DATE :- SEPTEMBER 08, 2016 P. C. :- 1.

The petitioner challenges the order passed by the learned City Civil Judge, Dindoshi, Mumbai, rejecting the application taken out by the petitioner below Exh.51. The petitioner has sought two reliefs by this application. Firstly, to recall the witness of the respondents-defendants for further cross-examination and in the alternative to direct the respondents to produce the Consent Terms relied upon by the respondents-defendants. As far as the first prayer is concerned, the petitioner had all the opportunity to ask all the relevant questions during the cross-examination. There is no reason whatsoever why it was not done so. Merely because the petitioner, as URS

2 WP 8361-16.doc-3 an afterthought, desires further cross-examination, the witness cannot be recalled casually. The application does not show give any cogent reason. Even otherwise, if the evidence of the respondent is in variance with the written statement, as sought to be established before me, it can always be argued during the trial to be considered on its own merits. As regards production of Consent Terms are concerned, it is something which the respondent no.2 relies upon in furtherance of his case and therefore, it is up to the respondent no.2 to produce the same if it is necessary. In the circumstances, since substantial rights of the petitioner are affected, there is no reason to interfere with the impugned order. The Writ Petition is accordingly rejected.

(N. M. JAMDAR, J.) URS