FERNANDO JORGE COLACO Vs. UMESH KARN

JUDGEMENT

(1.) HEARD Mr. I. Agha, learned counsel appearing for the petitioners and Mr. C. Fonseca, learned counsel appearing for the respondent.

(2.) THE above petition seeks to quash and set aside the orders dated 05.05.2009 and 31.01.2009 passed by the Ad-hoc District Judge, Panaji, in Special Civil Suit No. 25/2000.

(3.) ON the other hand, Mr. C. Fonseca, learned counsel appearing for the respondent has supported the impugned orders. The learned counsel has pointed out that once the amendment has been allowed, it is open to the respondent to lead further evidence in support of his case. The learned counsel further submitted that the amendment permitted by the learned Judge was to enhance the claim put forward by the respondent and as such no interference is called for in the impugned orders. With regard to the conduct pointed out by the learned counsel appearing for the petitioners, the learned counsel appearing for the respondent has submitted that the respondent will not seek any adjournment henceforth unless due to exceptional circumstances and shall ensure the presence of the respondent and his witnesses on the dates on which the matter is posted for evidence before the learned Judge. The learned counsel as such submits that no interference is called for in the impugned orders.