Ashok Prabhakar Kamat v. Swami Madhavnath Bodh Prasarak Mandal And ORS

7-WP-13652-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13652 OF 2024 by SATISH RAMCHANDRA SANGAR Date:

2024.11.12 10:51:44 +0530 SATISH RAMCHANDRA SANGAR Ashok Prabhakar Kamat

...Petitioner

V/s.

Swami Madhavnath Bodh Prasarak Mandal, A Public Trust and Ors.

...Respondents

***** Mr.S.C.Wakankar a/w Ms.Aishwarya Bapat:- Advocates for Petitioner.

***** CORAM :

S. M. MODAK, J.

DATE :

11th NOVEMBER 2024 P. C. :- 1.

Heard learned Advocate Shri.Wakankar for the Petitioner/ Plaintiff No.2. Their Suit is for challenging the Will dated 5th December 2010 executed by the testator. The Respondents who are the Defendants in that Suit are the beneficiaries of the Will. One of the Plaintiffs has given evidence and also closed their evidence. After that, the Defendants started with their evidence by filing an Affidavit. Yet, the Plaintiff has not started with the cross-examination. 2.

In the meantime, the Plaintiffs thought it desirable to examine a witness by name Pranav Satish Badve. It is on the point of not Satish Sangar 1/2

7-WP-13652-2024.doc executing the Will by the testator. According to the Petitioners, he was residing with the testator. Even, he has filed an Affidavit in support of the Plaintiffs. It is at the time of hearing of Exhibit-5 Application. 3.

On this background, the Plaintiffs moved the trial Court for reopening of their evidence as per the Application dated 16th March 2024. It is for the purpose of examining the witness Badve. The trial Court rejected it as per the order dated 14th August 2024. It is challenged. My attention is invited to the observations in Para No.9 of the said order. It was rejected on the ground of negligence of the Plaintiffs in prosecuting the Suit and filing the Application. 4.

It is true that the parties should get an opportunity to prove the case before the trial Court. The Plaintiffs have pleaded in Para No.4 of the Application about their attempts to contact the witness. An arguable case is made out. Hence, issue notice to Respondent Nos.1 to 3 returnable on 2nd December 2024.

5.

Till the next date, further proceeding of the Suit is stayed. 6.

Private notice, in addition, is allowed. Affidavit of service be filed.

[S. M. MODAK, J.] Satish Sangar 2/2