LEO LAMARTINE DSOUZA Vs. JAYANTI S.KARPE

JUDGEMENT

(1.) Rule. With the consent of the learned Counsel for the parties made returnable forthwith and heard.

(2.) The above petition has been filed at the instance of the original plaintiffs challenging the order dated 12/06/2012 and the order dated 3/07/2013 passed by the trial Court i.e. the learned Civil Judge Senior Division, Mapusa. By the first order, the trial Court has refused to allow the plaintiffs to file their rejoinder to the application for temporary injunction, but has granted the relief of directing the defendant no.2 to furnish a copy of the written statement and reply filed by the said defendant within 8 days to the plaintiffs. By the second order, the application for review of the said order dated 12/06/2012 came to be rejected by the trial Court.

(3.) It is not necessary to burden this order with unnecessary details. Suffice it to say that the controversy is as to whether the plaintiffs herein should be permitted to file their affidavit in rejoinder to the application for temporary injunction filed by them. In the said context, it is required to be noted that the defendant no.1 who is the main contesting defendant has filed his written statement on 18/02/2011 along with the affidavit in reply to the temporary injunction application. It appears that thereafter the suit had come up on a number of occasions on which occasions the affidavit in rejoinder was not filed by the plaintiffs. The trial Court considering the fact that on a number of dates the plaintiffs had not filed the affidavit in rejoinder, had on the application filed by the plaintiffs seeking further time to file the rejoinder had passed an order on 16/07/2011 granting time as and by way of last and final opportunity to file written arguments on the temporary injunction application. It appears that thereafter on 6/08/2011 the trial Court after observing that ample opportunities were given to the plaintiffs as can be seen from the roznama and after referring to the order passed on 16/07/2011 granted one more opportunity to the plaintiffs to file the written arguments to the temporary injunction application in the interest of justice on or before the next date of hearing. The trial Court thereafter has by the first impugned order on the application which was filed on 15/09/2011 along with which the rejoinder was filed passed the said order rejecting the application in so far as the plaintiffs being permitted to file rejoinder is concerned but allowing it in so far as being furnished with a copy of the written statement of the defendant no.2 is concerned. The plaintiffs thereafter filed an application for review of the said order which has been rejected by the second impugned order dated 3/07/2013.