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2018 Supreme(Bom) 2085

RAVINDRA V.GHUGE
Priyanka Nityanand Myana – Appellant
Versus
Rahul Baburao More – Respondent


Advocates Appeared:
For the Petitioner Mrs. C.S. Deshmukh, Advocate
For the Respondent:N.V. Gaware, Advocate, S.V. Hange, Advocate

JUDGMENT :

Ravindra V. Ghuge, J.

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

2. This matter was heard at length on 03/07/2018 and 05/07/2018.

3. The petitioner who is the original defendant No.2 in SCS No.125/2011 is aggrieved by the order dated 08/02/2018 by which, the application for adjournment was rejected and the order dated 29/03/2018 by which, application Exh.126 has been rejected by the Trial Court.

4. Learned Advocate for the petitioner/defendant No.2 has strenuously contended that the impugned orders would result in an irreparable harm to the petitioner since the evidence of the petitioner has been closed. The issue in the suit is recovery of an amount from the defendants. If her right to lead evidence is taken away, she will be liable to pay an amount of Rs. 17,00,000/-which is the claim put forth by the plaintiff. The petitioner would be rendered defence less.

5. Learned Advocate for the plaintiff submits that the details about the transaction between the plaintiff and the 2 defendants who are real sisters, are set out in the plaint. Both have been paid an amount of Rs. 17,00,000/-by the plaintiff towards purchasing of a property whic

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