HEMANTBHAI MUKUNDRAI DESAI Vs. KISHORBHAI BIKUBHAI PATEL

JUDGEMENT

(1.) This matter is taken up through video conference.

(2.) This petition has been filed by the petitioners with the following main prayers, which read as under:

(3.) The facts in nutshell of the case are that the respondent herein - original plaintiff has filed a Regular Civil Suit No. 132 of before the Court of Additional Civil Judge and JMFC, Chikhli, District - Navsari. It is the contention of the petitioners- original- defendants that the suit land was in independent possession and ownership of Manubhai Chhotubhai Desai and on demise of Manubhai, the mutation entry of heir was made in the revenue record vide Entry No. 5621 and by way of this entry, names of Mukundrai Chhotubhai Desai in the capacity of brother and Sudhaben in the capacity of widow of Manubhai Chhotubhai were entered in the revenue record. It is the case of the petitioners herein - original-defendants that by taking advantage of ignorance of Sudhaben, the respondent - original-plaintiff got the will in his favour from Sudhaben. Further, on 15/12/2015, the Regular Civil Suit No. 132 of 2015 was filed and summons were issued by the Court, where were duly served to all the defendants till 18/3/2018. Thereafter, the advocate filed Vakalatnama on behalf of the defendants on 18/7/2018. Initially Exh. 5 was taken for hearing and advocate appearing for the plaintiff had submitted written arguments on 16/11/2018. The petitioners- original-defendants had submitted their reply Exh. 29 on 4/1/2019, alongwith counter claim Exh. 32 and the said reply was give Exh. 35. Thereafter on 13/6/2019 issues were framed. The respondent - original plaintiff submitted the list of his witnesses on 29/8/2019. Thereafter on 19/9/2019, respondent - original-plaintiff submitted his affidavit -in-Chief under provisions of Order-18, Rule -IV of the Code of Civil Procedure. Thereafter, the matter was adjourned to 10/10/2019. On that day, when the matter was called out in the First Session, the learned advocate appearing for the petitioners herein- original defendants was not remained present, upon which the learned trial Court passed an order 10/10/2019 that the defendants are not interested in the proceedings with the cross-examination of witness, thus, the right to cross-examination is closed. Hence, this petition.