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Bombay High CourtCA/14387/2017disposed offdismissed for default

Pandurang Vithoba Khokale v. Narmadabai Sambhaji Rithe And Others

2017-12-08Hon'Ble Shri Justice V.K. Jadhav2 pages

916 ca.14387.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

916 CIVIL APPLICATION NO. 14387 OF 2017 IN WP/9880/2017 PANDURANG VITHOBA KHOKALE

VERSUS

NARMADABAI SAMBHAJI RITHE AND OTHERS ...

Advocate for Applicants : Mr. Gaikawad Pandurang M. ...

CORAM :

V. K. JADHAV, J.

DATE :

08th December, 2017.

P.C.:

.

The learned counsel for Applicant submits that the Trial Court has given 13th December, 2017 as the next date in the pending civil suit. Though this Court has directed the Petitioner to deposit an amount of Rs.7000/- before the Trial Court in Regular Civil Suit No.159 of 2004 on or before 18th September, 2017, the Petitioner could not deposit the said amount in the Trial Court due to his ill health. The learned counsel for Applicant submits that right of the Petitioner to cross-examine was taken away and if the cost is not deposited, the Petitioner would loose his right to cross-examine the witnesses of other side.

In view of the above, time to deposit Rs7000/- before the Trial Court in pending Regular Civil Suit No.159 of 2004 is extended by one

916 ca.14387.17.odt week as a last chance. If the amount is not deposited within one week from the date of this order, the Trial Court shall proceed with the suit. Civil application is accordingly disposed of. [ V. K. JADHAV, J. ] ndm