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2009 Supreme(Bom) 407

C.L.PANGARKAR
Bhalchandra Ganesh Naik – Appellant
Versus
Sana Hotel – Respondent


Advocates appeared:
Mr. S.K. KAKODKAR, Sr. Advocate with Mr. AMEY KAKODKAR, Advocate for the Appellants.
Mr. M.S. USGAONKAR. Sr. Advocate with Mr. PARAG WAGLE, Advocate for the Respondents.

JUDGMENT:-

This is an appeal filed against the order passed by the Civil Judge Senior Division, Panaji.

2. The facts giving rise to the appeal are as follows:-

The plaintiffs have instituted a Special Civil Suit No.208/91 against the respondents/defendants. Respondents/defendants appeared in the Court and filed their written statement. Issues were framed and the suit came to be fixed for recording evidence of the parties. Accordingly, part of the evidence of the plaintiffs' witness No.1 is recorded by the Court. Subsequently, the suit came to be adjourned on many occasions. Ultimately, on 2.1.2007, the same suit came up for recording evidence before the Court. On that date, the plaintiffs remained absent. Counsel for the plaintiffs informed the Court that he has no instructions in the matter and the Court may proceed in accordance with law. This was done since the other side had objected to the matter being adjourned. On 2.1.2007, therefore, the Court in the Roznama recorded the history as to how the matter came to be adjourned from time to time and how the altitude of the Counsel for the plaintiffs was recalcitrant. The Court then passed an order in the following words:-

"The suit of






















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