Prabhavati Sambhaji Deshmane And ORS v. Vasudev Pandurang Kirave And ANR

21-wp-1443-2023.doc SA Pathan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1443 OF 2023 Prabhavati Sambhaji Deshmane & Ors.

... Petitioners V/s.

Vasudev Pandurang Kirave & Anr.

... Respondents Mr. Dilip Shinde i/by Mr. Mukund S Mane, for the Petitioner.

Mr. Ajit J. Kenjale a/w Mr. Azharuddin Khan for Respondent No.1.

CORAM

: AMIT BORKAR, J.

DATED : SEPTEMBER 14, 2023 P.C.:

1.

Defendant Nos.2 to 4 in a suit for partition are challenging order passed the Trial Court directing them to cross-examine defendant No.1 before the plaintiff.

2.

It appears that defendant Nos.2 to 4 are supporting to the suit of plaintiff. If this be so, supporting defendant Nos.2 to 4 must cross-examine defendant No.1 before the contesting plaintiff. The rational being of this principle is that the rights created in favour of supporting parties should not prejudice the contesting party. Defendant Nos.2 to 4 are supporting the suit of plaintiff. Therefore, I do not find any infirmity or illegality in the

21-wp-1443-2023.doc order passed by the Trial Court.

3.

The writ petition is disposed of. No costs.

(AMIT BORKAR, J.)