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Bombay High CourtCA/8407/2018disposed offdismissed for default

Vijay Dinkar @ Bandu Patil v. Bapurao Dhudku Patil

2018-07-06Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.8407 OF 2018 (Vijay s/o Dinkar @ Bandu Patil Vs. Bapurao Dhudku Patil) IN WRIT PETITION NO.11835 OF 2017 Mr.V.B.Patil, Advocate for the applicant.

Ms.Sabahat Kazi, Advocate for the respondent. ( CORAM : Ravindra V.Ghuge, J.) DATE : 06/07/2018 PER COURT :

1.

I have heard the learned Advocates for the respective sides and perused the record available. The conduct of this applicant before the Trial Court pursuant to the order of this Court (Coram : V.K.Jadhav, J.) dated 10/01/2018, is mischievous and aimed at delaying the pending suit.

2.

Considering the above, and in order to meet the ends of justice, this application is allowed on the following 2 conditions : [a] An amount of Rs.5,000/-, which includes the earlier direction to pay Rs.1000/-, shall be deposited on or before 26/07/2018 before the Trial Court.

[b] The cross examination of the plaintiff/his witnesses shall be conducted by this applicant on 26/07/2018 and shall be khs/JULY 2018/8407-d

precluded from seeking any adjournment.

3.

If the above directions are not complied with, this order shall stand recalled and the applicant shall be restrained from cross examining the plaintiff/witnesses.

4.

The amount of Rs.5,000/- shall be withdrawn by the plaintiff without conditions.

( Ravindra V.Ghuge, J.) khs/JULY 2018/8407-d