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2021 Supreme(Bom) 1195

M.S.SONAK
Maria Sucorinha Pimenta – Appellant
Versus
Preciouso Soares – Respondent


Advocates appeared:
Omkar Vyankatesh Kulkarni, Advocate, Jose Manuel Reis, Advocate

JUDGMENT

M S Sonak, J. - Heard Mr. Omkar Kulkarni, learned Counsel for the Petitioners, and Mr. Jose Manuel Reis learned Counsel for Respondent no.1, the contesting Respondent. The remaining Respondents are served. Some of the remaining Respondents are not even the contesting Respondents.

2. Accordingly, Rule is issued in this Petition and with the consent of the learned Counsel for the parties, the Rule is made returnable forthwith.

3. The challenge in this Petition is to the orders dated 13.08.2019, 16.12.2019, and 29.01.2020 made by the learned Trial Judge.

4. By the order dated 13.08.2019, the learned Trial Judge only partly allowed the Petitioners-Plaintiffs' application at exhibit 70. The learned Trial Judge held that the Plaintiffs will have to lead evidence, to begin with on the issues where the burden was cast on the Plaintiffs. However, issues where the burden was cast on the Defendants who had raised the plea of adverse possession, it is the said Defendants that will have to lead evidence first and, thereafter, the Plaintiffs would be allowed to rebut.

5. The Petitioners-Plaintiffs instead of complying with the directions with the order dated 13.08.2019, gave a praecipe that

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