C.V. Bhadang, J.

Rule. Rule made returnable forthwith. The learned Counsel for the Respondents waive service. Heard finally by consent of the parties.

2. By this petition the Petitioners who are original plaintiffs are challenging the Order dated 30.06.2015 passed by the learned Civil Judge Junior Division at Panaji in Regular Civil Suit No. 3/2006/D. By the impugned order application Exhibit-78 filed by the Respondent/Defendant has been allowed and the suit of the Petitioner is dismissed.

3. The brief facts are that the Petitioners have instituted the aforesaid suit against the Respondents for partition and other reliefs in which the Petitioner No. 1 was examined as PW-1. It appears that the Respondents had moved an amendment in respect of certain document which was permitted to be produced on record. Thereafter, Respondent applied to the learned Trial Court to recall PW-1 for cross-examination which was allowed. Indisputably, the said Order has been confirmed by this Court in Writ Petition No. 492/2014 on 20.02.2015. Be that as it may, in the meantime, PW-1 had taken over overseas assignment and in spite of grant of various opportunities, he did not remain present before t