VASANT VITHOBA DUDHE Vs. MAROTI VITHOBA DUDHE

JUDGEMENT

(1.) Rule made returnable forthwith. With consent of learned Counsel for the parties, the matter is taken up for final hearing immediately.

(2.) Respondent No. 1 filed Regular Civil Suit No. 56/2001 claiming possession over certain property on the basis of a Will executed by his mother. The present petitioners are original defendant Nos. 1 and 3. Petitioner No. 1 is brother of respondent No. 1 and petitioner No. 2 is son of petitioner No. 1. Respondent Nos. 2 to 5 are original defendant Nos. 2 and 4 to 6. They are also related to them. However, they were supporting the plaintiff-respondent No. 1. On behalf of the plaintiff-respondent No. 1, an affidavit of Bandu Haribhau Tajne, who was stated to be an attesting witness of the Will was filed in examination-in-chief. He was put to cross-examination on behalf of the present petitioners. As in examination-in-chief before the Court he had not verified the contents of the affidavit filed in examination-in-chief, the said Will was not exhibited in the evidence. After cross-examination was over, a request was made on behalf of the plaintiff to exhibit the document and in spite of the objection taken by the contesting defendants, the Will was given Exhibit No. 67. After it was exhibited, the contesting defendants filed an application Exh.-68 seeking permission to cross-examine the witness on that Will on the ground that they were not given opportunity to cross-examine the witness after the Will was exhibited. However that application came to be rejected. Hence, this petition.

(3.) Heard learned Counsel for the parties. Perused the record.