DATTA S. NADKARNI Vs. SALCETE FINANCE CO

JUDGEMENT

(1.) HEARD Mr. Sudesh Usgaonkar, learned Advocate for the petitioner and Mr. G. Shirodkar, learned Advocate for the respondent.

(2.) RULE . By consent heard forthwith.

(3.) THE petitioner is the defendant in the above suit filed by the respondent for his eviction. The suit was contested by the defendant by filing written statement. Cross examination of PW1 was started on 26th September, 2012 on which date PW1 was partly cross examined and further cross examination of PW1 was adjourned at the instance of the defendant. Thereafter on four occasions namely 17th October, 2012, 21st December, 2012, 13th February, 2013 and 6th March, 2013 adjournments were sought by the defendant who himself is an advocate on the ground that he was ill and had to go to Mumbai for medical check up. On 6th March, 2013 adjournment was granted by way of last opportunity and the matter was fixed on 3 rd April, 2013. Again on 3rd April, 2013, adjournment was sought by filing an application on the ground that the defendant was advised bed rest for at least 25 days w.e.f. 25th March, 2013. A medical certificate was also annexed to the application. Advocate appearing for the plaintiff left the matter to the Court. However, the learned Judge rejected the application on the ground that last opportunity was granted to the defendant on 6 th March, 2013.