OLAVO BENEDITO PEREIRA Vs. SHIVKRUPA CONSRUCTIONS

JUDGEMENT

(1.) Rule, made returnable forthwith. Learned Counsel appearing for the first to third Respondent waives service. Heard finally by consent of the parties.

(2.) By an Order dated 19.10.2015, passed in Writ Petition no.275 of 2015, the learned trial Court was directed to decide the suit as expeditiously as possible and preferably within a period of six months from the said date. After this Order was passed, the evidence of the Petitioners/Plaintiffs was recorded by the Trial Court. Subsequently, the first to third Respondents, produced their witness i.e. Dw.1, Jayant Mandurkar, who is also the defendant no. 2 i.e. present Respondent no. 3. The Petitioners had sought time to cross examine the said witness which prayer has been rejected by the leaned Trial Court by Order dated 26.04.2016 and the suit is fixed on 16.05.2016. The Petitioners are challenging the Order dated 26.04.2016.

(3.) A perusal of the impugned Order shows that one of the reasons why the learned trial Court has refused to grant time was that the matter was expedited by this Court. In any case, the learned Counsel for the first to third Respondents has no objection for the Petitioners to cross examine Dw.1 and other witnesses of the Petitioners when produced.