SUNIL VITTHAL JADHAV Vs. SHAMJI SHANKAR GAWALI

JUDGEMENT

(1.) By way of present petition, the petitioner challenges the order dated 27th March, 2008, by which "No cross" order came to be passed and the order dated 16th December, 2008, vide which the application filed by the present petitioner for setting aside the "No Cross order" is rejected and the order dated 4th August, 2009, thereby rejecting the application filed by the present petitioners, for review of the earlier orders.

(2.) The respondent/plaintiff has filed a suit against the present petitioner for recovery of possession. It is the contention of the plaintiff that the defendant was put in possession of the suit property in pursuance of an agreement and since the defendant committed breach of the terms of the agreement, the' plaintiff was entitled for recovery of possession.

(3.) It appears that in the said suit, after the evidence on behalf of the plaintiff was led, the matter was kept for cross-examination of the witnesses of the plaintiff by the defendant. However, since on 27th March, 2008, a no instruction pursis came to be filed by the counsel for defendant, an order of "no cross" came to be passed on the same day. Accordingly, an application came to be filed for setting aside the same. The said application is rejected vide order dated 16th December, 2009. Thereafter, an application for seeking review of the order was filed, which also came to be rejected vide order dated 4th August, 2009. Hence, the present petition.