Navin B. Rathod v. Smt.Gangaben B. Rathod And ORS.

908-NMT87-18.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 87 OF 2018 IN TESTAMENTARY SUIT NO. 44 OF 1996 IN TESTAMENTARY PETITION NO. 383 OF 1996 Navin B Rathod ...Applicant In the matter between Navin B Rathod ...Plaintiff

Versus

Gangaben B Rathod & Ors ...Defendants Mr Yogendra M Kanchan, i/b Ms Meena Fulbandhe, for the Plaintiffs.

Mr Paresh More, i/b SU Pandey, for DefendantsNos. 2, 3a & 3b. CORAM: G.S. PATEL, J DATED:

7th June 2018 PC:- 1.

The Motion seeks recall of an order of 24th April 2017 (KR Shriram, J) by which the evidence of PW4 was closed. The Affidavit in Support explains that PW4 could not remain present because his father at the age of 87 is ill and PW4 could not leave him unattended. The Defendants are represented and they have no 7th June 2018

908-NMT87-18.DOC objection in principal to the recall of PW4 and for the completion of his evidence in Court as proposed by the Plaintiff. PW4 is not personally present today but I am assured that he will be present on a date that Court fixes to complete his evidence. 2.

The Motion is thus allowed and the Suit itself is placed on 26th July 2018 at 3.00 pm in Court for completing the crossexamination of PW-4. 3.

The Motion is disposed of in these terms. No costs. (G. S. PATEL, J) 7th June 2018