MARY PEREIRA Vs. ANANT MAHADEV VENGURLEKAR

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. The learned Counsel for the respective respondents waive service. Heard finally, by consent of the parties.

(2.) By this petition, the petitioners/original plaintiffs are challenging the order dated 26.02.2016 below Exhibit 95-D passed by the Adhoc Senior Civil Judge at Vasco in Regular Civil Suit No. 12/2010/A. By the impugned order, the application (Exhibit 95-D) for placing reliance on the documents as set out in paragraph 1, serial nos. (a) to (d) of the application has been refused.

(3.) The brief facts are that the petitioners had earlier sought eviction of the respondents by filing proceedings under the Goa, Daman and Diu Building (Lease, Rent and Eviction) Control Act, 1968 (the Rent Control Act, for short), in which the respondents had raised an objection that the subject building of which the suit premises form part, were not more than 15 years old and as such, the proceedings before the Rent Controller, were not competent. Subsequently, the petitioners filed Regular Civil Suit No. 12/2010/A for eviction before the Civil Court. Undisputedly, the petitioners are yet to lead their evidence in the suit. On 09.12.2015, the petitioners filed an application (Exhibit 95-D), seeking to place reliance on the following documents: