Shri Kisan Vitthal Kadam And ORS v. Sou. Indumati Gahininath Vyavhare

(19)WPNo.75142019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12301 OF 2016 Shri.Kisan Vitthal Kadam & Ors.

...

Petitioners

Versus

Sou.Indumati Gahininath Vyavhare ...

Respondent .....

Ms.Rutuja Chakor i/b. Mr.Sachin B. Thorat, Advocate for the Petitioners.

Mr.Purushottam G. Chavan, Advocate for the Respondent. ....

CORAM : A.M.BADAR J.

DATED : 14 th NOVEMBER 2019.

P.C. :

By this petition, defendants are challenging the Order dated 21/04/2018 passed by the learned trial Court thereby ordering no-cross of witness for the plaintiff by the defendants. Heard the learned Counsel appearing for the petitioners/original defendants as well as the learned Counsel appearing for the respondent/original plaintiff. According to the learned Counsel for the petitioners/defendants, the learned trial Court ought to have granted opportunity to the defendants to cross-examine the witness for the plaintiff.

Gaikwad RD 1/2

(19)WPNo.75142019.odt I have perused the impugned Order. Several opportunities were granted by the learned trial Court to the defendants to cross-examine witness of the plaintiff whose evidence was adduced on affidavit on 10/06/2014. However, those opportunities were not availed by fully cross-examining the witness for the plaintiff. Therefore, I see no infirmity in the impugned Order. The discretion in closing the cross-examination after conducting part cross-examination by the learned Counsel for the defendants is perfectly in consonance with the provisions of law.

The petition, as such, is devoid of merit and the same is, therefore, dismissed.

(A.M.BADAR, J.) Gaikwad RD 2/2