SHRIMANT AMRUT ROHOKALE Vs. BHASKAR SHRIMANT ROHOKALE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Taken up forthwith for final disposal with the consent of both the parties.

(2.) The petitioners are original defendants. Respondent original plaintiff has filed Regular Civil Suit No. 256 of 2012 for partition and separate possession before learned Civil Judge (Senior Division), Ahmednagar. It appears that defendant no.04 before the trial court had filed his affidavit in chief at Exhibit 48. It was read and recorded on 22.06.2016, thereby his verification has been taken on the same date by the learned trial court.

(3.) The application was objected stating that one of the prayer of the plaintiff is to cancel the sale deed executed by defendant no.01 in favour of defendant no.04. Though defendant no.01 has been examined, yet, in order to prove his own case, evidence of defendant no.04 is necessary. Defendant no.04 has not given any power of attorney to defendant no.01. It is denied that defendant no.04 was present in the court hall when cross examination of defendant no.01 was in progress.