CHANDRAKANT SAMPAT KAMBLE Vs. VASANT SAMPAT KAMBLE

JUDGEMENT

(1.) This appeal is preferred by the plaintiffs, in the Special Civil Suit No.9 of 2007 against the judgment and order dated 29th September, 2016 passed by the Ad-hoc District Judge-2, Baramati, Dist. Pune in Regular Civil Appeal No.42 of 2011. I will refer the parties by their status in the suit.

(2.) Plaintiffs had filed the suit, for partition and separate possession of the suit house property, declaration, that they have right to worship of God 'Narsinha' and the sale deeds dated 8th May, 2000 and 15th September, 2000 were null and void.

(3.) Defendant Nos.1 to 4 filed their Written Statement. Plaintiffs' examined in all six witnesses, were cross-examined by the defendant nos.1 to 4. At that stage, plaintiffs learnt that defendant no.5 was not served with suit summons. Thus, the learned trial Judge issued suit summons and thereupon defendant no.5 appeared and filed his Written Statement. Later, defendant no.5 moved an application and prayed that plaintiffs be directed to produce his witnesses for cross-examination. The learned trial Judge vide order dated 7th February, 2009 directed the plaintiffs to produce their witnesses for cross-examination by defendant no.5 at their cost.