Saraswatha W/o Sampatrao Bhoyar vs Late Ravindra S/o Sadashiv Khodke

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Bom) 1169

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
ANIL L.PANSARE
Saraswatha W/o Sampatrao Bhoyar – Appellant
Versus
Late Ravindra S/o Sadashiv Khodke – Respondent

Advocates Appeared:
For the Petitioner: Shri S.N. Bhattad, Counsel
For the Respondent: Shri Alok Daga, Shri U.K. Bisen, adv

JUDGMENT :

ANIL L. PANSARE, J.

The petitioner - original plaintiff is aggrieved by order dated 14/10/2022 passed below Exh. 118 by the Civil Judge Junior Division, Kuhi, permitting the legal representatives of respondent no.1 – original defendant no.1 (since deceased), to adduce further evidence at the stage of final hearing.

2] Having heard both sides and having gone through the material placed before me, it transpires that the petitioner has filed a suit for declaration, partition, separate possession and permanent injunction against the respondents/defendants of whom original defendant no.1 expired pending suit. Prior to is death, both the parties had led evidence, which includes original defendant no.1. The original defendant no.1 had cross- examined the petitioner – plaintiff’s witnesses. Similarly, the petitioner – plaintiff had cross-examined the respondent – defendants’ witnesses. The suit was then fixed for final argument. The petitioner in fact filed written notes of arguments as well.

3] At such stage, the respondent nos. 1(a) and 1(b) (hereinafter referred to as legal representatives of defendant no.1) filed application seeking permission to adduce evidence as well as to cr