cra109.11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders. | _____________________________________________________________ CRA NO.:109 OF 2011 TUKARAM DASHRATH EVARE VERSUS SAYYED ZAHURUL HAQ SAYYED ASADULLA BIYABANI AND ANR ... Advocate for Petitioner(s) : Mr. Kedar Balbhim R. Advocate for R.No.1 : Mr.P.V. Mandlik, Sr. Counsel h/f Mr.Amol Gandhi. Advocate for R,No.2: Mr.Younus Pathan. ... CORAM : S.S. SHINDE, J. Dated: July 15, 2011 ... Heard learned Counsel for the petitioner, learned Sr. Counsel for Respondent No.1 and learned Counsel for Respondent No.2. 2 The applicant is aggrieved by the order dated 19th January, 2011 passed by the trial Court by which the order as “No Cross” has cra109.11 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders. | _____________________________________________________________ been passed by the learned trial Court. The learned Sr. Counsel for respondent No.1 fairly submits that the opportunity to cross- exame the plaintiff may be given to the applicant in the interest of justice subject to pre-condition of depositing costs of `2000/-. He further submits that the matter was adjourned on many occasions. However, the applicant did not bother to cross- examine the plaintiff and ultimately, the impugned order came to be passed. 3 Upon hearing the learned Counsel for the parties, in my opinion, ends of justice will meet if the applicant is allowed to cross- examine the plaintiff subject to depositing costs of `2000/- in the Wakf Tribunal. The cra109.11 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders. | _____________________________________________________________ learned Counsel for the parties inform this Court that the next date of hearing of the suit is 28th July, 2011. The Counsel for the applicant makes a statement that on the said date, the plaintiff will be cross- examined and the applicant will deposit costs of `2000/- in the Wakf Tribunal on or before 28th July, 2011. 3 The Civil Revision Application is allowed accordingly and disposed of. The learned Sr. Counsel appearing for respondent No.1 submits that this Court may direct the Wakf Tribunal to expedite the hearing of the suit. The prayer is genuine. The Wakf Tribunal to make cra109.11 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders. | _____________________________________________________________ endeavour to dispose of the suit expeditiously and preferably within six months from today. (S.S. SHINDE, J.) PLK/*