1 WP 7436-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO.7436 OF 2026 Haribhau Balaji Chinchghare, Age : 75 Years, Occu. : Retired, R/o. Plot No.12, Behind Khadse School, Jambudwip Nagar, Ayodhya Nagar, Nagpur, Tah. & Dist. Nagpur. …. Petitioner VERSUS Rachna W/o. Kamlesh Chinchghare, Age : 38 Years, Occu. : Service, R/o. Office of Superintendent of Police, Ganesh Colony, Chhindwada, Madhya Pradesh. House Address : Rachana D/o. Kishor Sen, 83, Kaladehi, Thana Bargi, Jabalpur, Tah. Jabalpur, Dist. Jabalpur, Madhya Pradesh. …. Respondent …. Advocate for Petitioner : Mr. A.G. Hunge …. CORAM : NANDESH S. DESHPANDE, J. Dated : 21st SEPTEMBER 2026 ORDER : 1. Heard learned Counsel for the petitioner. 2. The present petition is filed by the petitioner herein challenging the order dated 24.08.2026, passed by learned 32nd Joint 2026:BHC-NAG:12629 2 WP 7436-2026 Civil Judge Senior Division, Nagpur, below Exhibit 43, in R.C.S. No.930 of 2024. 3. By the said order, the trial court has rejected the application, which was filed by the petitioner (plaintiff therein) for setting aside the order of closing the evidence dated 10.08.2026 and grant permission to lead the further evidence. 4. Mr. Hunge, learned Counsel for the petitioner submits that the petitioner has filed a suit bearing R.C.S. No.930 of 2024, for defamation and damages against the respondent. He submits that the petitioner had filed evidence on affidavit and his cross-examination completed on 30.04.2026 and the matter was fixed on 11.06.2026. He submits that the petitioner is aged about 75 years and on 08.06.2026, the petitioner diagnosed with several medical ailments and doctor advised him to take rest. He submits that the petitioner, thereafter, appointed a new counsel. Due to ill health of the petitioner, he could not provide the details of the matter with the new counsel and therefore, the evidence of a witness on his behalf could not be led and the impugned order is passed. 5. Mr. Hunge, learned Counsel for the petitioner points me out that there was sufficient material on record in the form of hospitalization of the petitioner, which has not been considered by the trial court in its proper perspective. 3 WP 7436-2026 6. With the able assistance of the learned Counsel for the petitioner, I have gone through the impugned order. Even though in para.2 of the said order, the trial court has considered the material placed on record regarding the medical ailments and hospitalization of the petitioner, however, in the operative part, it only refers to various dates on which the suit proceeded. In that view of the matter, in my considered opinion, the impugned order cannot be sustained. Taking overall view of the matter, following order is passed. ORDER i) The writ petition is allowed. ii) The order dated 24.08.2026, passed by learned 32nd Joint Civil Judge Senior Division, Nagpur, below Exhibit 43, in R.C.S. No.930 of 2024, is quashed and set-aside. iii) The matter is relegated back to the trial court to reconsider the application at Exhibit 43, filed by the petitioner, and pass a detailed and reasoned order. iv) With these directions, the writ petition is disposed of. v) No order as to costs. [ NANDESH S. DESHPANDE ] JUDGE asd