Shaikh Munna Sk Rashid Dhobi And Others v. Latifa Bee Shaikh Ahemad Through Power Of Attorner Shaikh Ahemad Sk Mehboob

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 313 OF 2020 Shaikh Munna s/o Sk. Rashid (Dhobi) and others Petitioners

Versus

Latifa Bee w/o Shaikh Ahemad Respondent Mr.S.B.Paikrao, advocate for the petitioners. CORAM : ROHIT B.DEO, J.

DATE : 08/01/2020 PER COURT :

The defendants, in suit brought for partition and separate possession, are aggrieved by the order dated 28.08.2019, rendered by the trial Court whereby and whereunder the trial Court has permitted the plaintif to cross examine defendant no.1 (DW 1) and one Sk.Taher s/o Sk.Imam (DW 2) on payment of costs. I am not inclined to interfere with the discretion, which is judiciously exercised by the trial Court.

The submission of the learned Counsel for the petitioners that, in view of the several decisions of this Court, which

rely on the decision of the Hon'ble Supreme Court in the case of Arjun Singh Vs. Mohindra Kumar, AIR 1964 SC 993, application was not maintainable, is considered only for rejection. The decision, to which the learned Counsel is referring to, articulate that once the trial is closed for judgment, certain applications would not be entertained.

In the present matter, the suit was not fxed for judgment. The trial Court has rightly observed that the suit is fxed for arguments and, therefore, the hearing is not concluded. I am satisfed that, considering that the suit is for partition and separate possession, and share and interest in the immovable property is involved, the order impugned needs no interference.

Petition is rejected.

(ROHIT B.DEO) JUDGE adb