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BOMBAY HIGH COURT - BENCH AT GOA
F.M. REIS, J
Smt. Maria Rocha Gomes – Appellant
Versus
Shri Xavier Tome Gomes – Respondent


Advocates:
For the Appellants/Petitioners: Shri M.P. Almeida
For the Respondents: None

JUDGMENT :

Heard Shri M.P. Almeida, learned Counsel appearing for the petitioner. None for the respondents though served.

2. Rule. Heard forthwith.

3. The notice issued to the respondents was for disposal of the above petition finally at the stage of admission. Hence, the petition was heard for final disposal.

4. The above petition challenges the order dated 8/11/2011 passed in Regular Civil Suit No.205/2001 whereby an application filed by the petitioners to direct the defendants no.17,18,19,20,21,22 and 23 who are the respondents no.1 to 8 in the above petition to cross-examine PW1 before the petitioners came be rejected.

5. Shri M.P. Almeida, learned Counsel appearing for the petitioners has pointed out that the suit filed by the petitioners was for declaration of title and possession and that the written statement filed by the said respondents no.1 to 8 disclose that they have accepted the claim of the plaintiffs who are the respondents no.21,22,23 & 24 in the above petition. Learned Counsel further pointed out that in terms of Order 18 of the Civil Procedure Code , considering that the said respondents have admitted the claim of the plaintiffs, the respondents no.1 to 8 ought to hav

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