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2018 Supreme(Bom) 2290

C.V.BHADANG
John Cruzinho Gonsalves – Appellant
Versus
Prakash R Pote – Respondent


Advocates Appeared:
C.A. Coutinho, Adv., Nigel D Costa Frias, Adv., L. Sawant, Adv.

JUDGMENT

C.V. Bhadang, J -Leave to correct the prayer clause to challenge both the orders dated 25/07/2017 is granted. Necessary correction to be carried out forthwith.

2. Rule, made returnable forthwith. The learned Counsel for the respondent nos.1 and 2 waives service. Heard finally by consent of parties.

3. The petitioners are challenging the order dated 14/06/2017 and two orders dated 25/07/2017 passed by the learned Trial Court, whereby the evidence of the petitioners/ plaintiffs is closed and the suit has been dismissed for nonprosecution.

    It appears that on 14/06/2017, an oral request was made for an adjournment on the ground that the Advocate for the petitioners, who was in her advanced stage of pregnancy, was unable to attend the Court. The learned Trial Court refused to grant adjournment on the ground that the suit is of the year 2012 and is under directions for expeditious disposal and on earlier occasions, there were adjournments granted to the petitioners. It further appears that the petitioners filed an application for recall of the order on 30/06/2017, which application came to be rejected on 25/07/2018 and by a separate order, the suit came to be dismissed for non-pr

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