LAWS(BOM)-2016-4-233

RAMSHANKAR KEVAT Vs. MANGALA K MAHALE

Decided On April 21, 2016
Ramshankar Kevat Appellant
V/S
Mangala K Mahale Respondents

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. The learned Counsel for the Respondent, waives service. Heard finally by consent of the parties.

(2.) The Petitioners, who are the original Plaintiffs, are challenging the Orders dated 03.08.2015 and 05.10.2015 passed by the learned Civil Judge Senior Division at Vasco in Regular Civil Suit no.81/2014/A. By the Order dated 03.08.2015, the application filed by the Petitioners for adjournment was rejected and the evidence of the Petitioners was closed. By the subsequent Order dated 05.10.2015, the Trial Court has refused to re-open the evidence of the Petitioners and to allow production of documents.

(3.) After hearing the learned Counsel for the parties for sometime, I find that there is some lapse on the part of the Petitioners in promptly proceeding with the suit as the Trial Court has recorded that on four occasions, time was sought and inspite of last chance being granted, the Petitioners did not lead their evidence as a result of which, the impugned Order dated 03.08.2015, came to be passed.