CHAMPABAI SADASHIV RAUT DESSAI Vs. LUIZA FERNANDES

JUDGEMENT

(1.) HEARD Shri S. Redkar, Learned Counsel appearing for the petitioners and Shri V. P. Thali, Learned Counsel appearing for the respondent. Rule. Heard forthwith by consent of the Learned Counsels.

(2.) SHRI V. P. Thali, Learned Counsel appearing for the respondent waives service.

(3.) ON the other hand, Shri Thali, Learned Counsel appearing for the respondent has supported the impugned order. The Learned Counsel has pointed out that the conduct of the petitioners in seeking numerous adjournments during the course of the trial of the suit is not justified and as such the petitioners were not entitled for any further adjournments. The Learned Counsel has taken me through the impugned order and pointed out that on the relevant date, the ground on which the adjournment was sought is not justifiable as it was not shown what was the nature of the election work the said witness was occupied on the said date. The Learned Counsel further pointed out that the whole exercise of the petitioners is to delay the proceedings to the detriment of the rights of the respondent and any interference by this Court in the impugned order at this stage would jeopardize the right of the respondent as according to him DW1 is already in the witness box and the respondent would not be in a position to lead any additional evidence in case the petitioners are permitted to lead further evidence. The Learned Counsel as such submits that no interference is called for in the impugned order.