N.K. Ramdas S/O. V. Natesan (Dead), Thr. His L.R.S., v. N. Venkatesan S/O. V. Natesan (Dead), Thr. His L.R.S.,
2023:BHC-NAG:12601 1 110-A-WP2717-2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR WRIT PETITION NO.
OF 20 (N.K.RAMDAS THR. LRS RUKMANI N.K. RAMDAS & OTH...VS.. N. VENKATESAN V. NATESAN THR. LRS. RAJESHWARI N. VENKATESAN & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Yash Maheshwari, Advocate for Petitioners. Shri N.H.Shams, Advocate for Respondent.
CORAM : A NIL S. KILOR , J.
DATED : AUGUST 24 , 20 .
1.
Heard.
2.
The prayer for setting aside no-cross order came to be rejected vide order dated 09/07/2021 passed by learned 15th Joint Civil Judge Senior Division, Nagpur in Special Civil Suit No. 201 of 2011.
3.
Shri Shams, learned counsel appearing for the respondent submits that this petition can be disposed of as he has no objection if the order of no-cross is set aside and the petitioner is permitted to cross-examine the witness. However, he submits that the suit may be directed to be decided expeditiously.
4.
Accordingly, I pass the following order:
i) The Writ Petition is allowed.
2 110-A-WP2717-2021 ii) The impugned order dated 09/07/2021, passed by 15th Joint Civil Judge Senior Division, Nagpur in Special Civil Suit No. 201 of 2011 is hereby quashed and set aside, thereby the petitioner is permitted to cross-examine the witness.
iii) The petitioner undertakes to cross-examine the witness on 07/09/2023 when the matter is fixed before the trial Court.
iv) The trial Court is directed to expedite the matter and decide the same within nine months from today.
The Writ Petition is disposed of accordingly. No order as to costs.
JUDGE RRaut..