SHAIKH RAFIK RASHID Vs. PRAMILA KISHOR RENAVIKAR

JUDGEMENT

(1.) Heard.

(2.) Rue returnable forthwith. By consent of learned counsel for the parties, the petition is taken up for final hearing at admission stage.

(3.) Petitioner is a defendant in the suit for mandatory injunction. Admitted facts are that on 30/07/2007 the plaintiff, respondent herein, filed an affidavit of her witness viz. Chandrakant Bhausaheb Karpe. On that date, the defendant did not cross-examine the plaintiff's witness. The matter was posted on 14/08/2007. On that date, as defendant did not cross-examine the witness, the Court passed "no cross" order. On 28/09/2007 the application filed by defendant for setting aside the "no cross" order came to be rejected.