MANEESH BAWA Vs. SATISH PALTA

JUDGEMENT

(1.) This application has been listed under the caption 'For Circulation' on the urgency that the trial Court has, despite the order dtd. 23/6/2023 listing the matter on 21/7/2023 to enable the Petitioners to file rejoinder, gone ahead and passed an order rejecting Petitioner's application for adjournment imposing costs and listing the matter on 10/7/2023, granting last ever chance to adduce their evidence.

(2.) Mr.Kini, learned Counsel for the Petitioners, would submit that this conduct of the trial Court is not to be appreciated, especially considering that the order impugned in Writ Petition is an order rejecting Petitioner's application for decree on admission. Learned Counsel would submit that although the suit has been filed by his clients and it would certainly be in his interest to adduce evidence and proceed with the trial before the trial Court, however, if this Court allows the Petition and considers Petitioners' case of decree on admission, that would not only save time but also save the clients from prolonged process of evidence. Learned Counsel would submit that, therefore, the order dated 28 th June 2023 be stayed till the disposal of this Petition.

(3.) On the other hand, Mr.Abhishek Sawant, learned Counsel for the Respondent, would submit that there is no case for decree on admission and he would argue the matter on the basis of the reply which has already been filed in the matter.