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2013 Supreme(Bom) 337

F.M.REIS
Union of India, Through Central Public Works Department, Represented by the Superintendent Engineer, Goa Central – Appellant
Versus
Domnic Issac – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mahesh Amonkar, Central Government Standing Counsel.
For the Respondent:Sudesh Usgaonkar, Advocate.

Judgment :

Heard Shri M. Amonkar, learned Central Government Standing Counsel appearing for the petitioner and Shri Sudesh Usgaonkar, learned Counsel appearing for the respondent.

2. Rule. Heard forthwith with the consent of the learned Counsel. Learned Counsel appearing for the respondent waives service.

3. The above petition challenges an order dated 15/01/2013 passed by the learned Adhoc District Judge, North Goa, Panaji in Civil Suit No.42/2006 whereby the evidence of the petitioner who is the plaintiff to the suit came to be closed. The petitioner seeks for the following relief:

(a) For a writ of certiorari or any other writ, order or direction in the nature of certiorari, calling for the records and proceedings of Civil Suit No.42/2006 pending before the trial Court i.e. the Ad-Hoc District Judge-I, (Fast Track), Panaji Goa and after perusing the legality of the impugned order dated 15/01/2013 the same be quashed and set aside and the Trial Court be directed to give opportunity to the petitioner to lead its evidence in the suit.

4. The brief facts of the case are that the suit filed by the petitioner for recovery of money was posted for evidence. It is not in dispute that t










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