TANAJI DATTARAM CHARI @ TANAJI DATTARAM MANDREKAR, S/O LATE DATTARAM CHARI Vs. KISHOR SHANTARAM SHETMANDREKAR, SON OF SHANTARAM KESHAV SHETMANDREKAR

JUDGEMENT

(1.) Rule, made returnable forthwith. The learned Counsel for the respondent nos.1 and 2 waives service. Heard finally by consent of parties.

(2.) The challenge in this petition is to the orders dated 29/11/2017 and 08/12/2017, passed by the learned Trial Court. By Order dated 29/11/2017, the application filed by the petitioners for time to cross-examine DW2, was rejected by the Trial Court and by order dated 08/12/2017, the learned Trial Court has closed the cross-examination of expert witness DW2 on account of the failure of the learned Counsel for the petitioners/ plaintiffs to crossexamine the said witness. One of the reasons given by the learned Trial Court is that the suit is directed to be disposed of in a time bound manner.

(3.) Considering the fact that the cross-examination of DW2 could not be conducted on account of the difficulty of the learned Counsel appearing for the petitioners and further having gone through the impugned order, I find that in the interest of fair trial, one opportunity needs to be granted to the petitioners. In such circumstances, the petition is allowed. The impugned orders dated 29/11/2017 and 08/12/2017 are hereby set aside. The petitioners shall be permitted to cross-examine DW2 on the next date i.e. 17/03/2018 or any other date, to which the suit may be adjourned. The learned Counsel for the petitioners undertakes that on the next date, the witness shall be cross-examined without fail.