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2018 Supreme(Bom) 1663

RAVINDRA V.GHUGE
Shivaji Laxman Palaskar – Appellant
Versus
Sau. Kamal Raosaheb Shipalkar – Respondent


Advocates Appeared:
For the Petitioners: Shri S.P. Salgar, Shri N.V. Gaware.
For the Respondent: Shri A.K. Gawali.

JUDGMENT :

RAVINDRA V. GHUGE, J.

1. The learned Advocate for the Petitioners seeks leave to delete the non contesting Respondent Nos. 2 to 9, who are the original Defendants in RCS No. 273/2013 and are not interested in the dispute between the Petitioners and Respondent No. 1/original Plaintiff. Leave to delete the said Respondents is granted at the risk of the Petitioners. Deletion be carried out forthwith.

2. RULE.

3. Rule made returnable forthwith and heard finally by the consent of the parties.

4. The Petitioners are the original Defendant Nos. 1, 2 and 3 in RCS No. 273/2013. They have filed a common written statement. After the issues were cast on 25.09.2018, there was a recasting of issues on 15.10.2018. Pursuant thereto, the Plaintiff preferred the application Exhibit 80 seeking a direction from the Trial Court under Order 18 Rule 1 of the Code of Civil Procedure to direct the Petitioners/ Defendants to commence the recording of their evidence before the Plaintiff steps into the witness-box. The application Exhibit 80 has been allowed by the Trial Court by the impugned order dated 22.10.2018 and by invoking its powers under Order 18 Rule 1, has directed the Petitioners/Defendants






































































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