1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1357 OF 2009 WITH CIVIL APPLICATION NO.1915 OF 2009 Jannatbi Noorahmed Choudhari & Ors. )..Appellants V/s. Chandulal Balbhai Maniyar )..Respondent ­­­­ Mr. Anand S.Kulkarni for the appellants. Mrs.Manjiri S.Parasnis for the respondent. ­­­­ Coram : R.S.MOHITE,J Date : 14th January, 2010 PC 1 Heard both sides. Admit. Taken up for hearing by consent. 2 This is a First Appeal filed by the original defendant impugning a judgment and order dated 26.6.2008 passed by the Joint Civil Judge, Senior Division, Solapur decreeing the plaintiff’s suit for possession being Special Civil Suit No.149 of 2005. A perusal of the impugned judgment and order indicates that the suit has been decreed though there was no cross­examination on behalf of the defendant and also when there was no evidence on behalf of the defendant on record. My attention was drawn to the certified copy of the roznama and that indicates that examination­in­chief of the plaintiff was completed and on 2 17.6.2008 the matter was fixed for cross­examination. It appears that on that date the defendant and his Advocate were absent and the plaintiff filed a pursis closing his evidence. The matter was then adjourned to 19.6.2008 but was adjourned to 24.6.2008 as the court was on leave. On that date the court passed an order that the evidence of defendant was closed without there being any reference to any pursis and the judgment was dictated within two days on 26.6.2008. In my view, in the interest of justice, it is necessary to set aside the impugned judgment and order and remand the matter to enable the defendant to cross­examine the plaintiff and his further witnesses if any and to lead his own evidence. In this view of the matter, appeal is allowed. The impugned judgment and order dated 26.6.2008 is quashed and set aside and the matter is remanded to enable the defendant to cross­examine the plaintiff and his further witnesses if any and to lead his own evidence. Thereafter the matter will be re­decided on merits. I find that the defendant and his Advocate were absent on one date i.e 17.6.2008 and there is no proper explanation. In the circumstances, cost quantified Rs.5000/­ will be payable to the original plaintiff and the said cost will be paid within a period of four weeks from today. Hearing of the suit is expedited and the trial Court is directed to dispose off the same on or before 30.4.2010. CIVIL APPLICATION NO.1915 OF 2009 In view of remand of the matter, Civil Application does not survive and stands disposed off accordingly. (R.S.MOHITE,J) 3 4