Bombay High Court
WP/580/2003 of SHRI BALCRISHNA S.NAIK GAONKAR AND 3 ORS., Vs SHRI UDAY F.NAIK GAONKAR AND 12 ORS., on 18 December 2003
COURT OF BOMBAY AT GOA WRIT PETITION NO. 580 OF 2003 SHRI BALCRISHNA S.NAIK GAONKAR AND ....Petitioners 3 ORS., Versus SHRI UDAY F.NAIK GAONKAR AND 12 ....Respondents ORS., SHRI NITIN P. PURUSHAN, Coram:- A.M.KHANWILKAR, J. Date:- 18th December, 2003 P.C.: The Order that is challenged in this
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IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO. 580 OF 2003
SHRI BALCRISHNA S.NAIK GAONKAR AND 3 ORS.,
Versus
....Petitioners
SHRI UDAY F.NAIK GAONKAR AND 12 ORS.,
....Respondents
SHRI NITIN P. PURUSHAN,
-Coram:A.M.KHANWILKAR, J.-Date:18th December, 2003
P.C.:
The Order that is challenged in thisWrit Petition under Article 227 of theConstitution of India is essentially adiscretionary order passed by the Courtbelow. The Court below has recorded as afact that inspite of severalopportunities the petitioners did notproduce evidence or secure the presenceof the plaintiffs' witnesses. No faultcan be found with the said view taken bythe court below.However, by way of indulgence and in theinterests of justice, the petitioners begiven one opportunity to produceevidence as counsel for the petitionershas given assurance before this Courtthat no request for adjournment onwhatever count will be made before thetrial Court hereafter. Ordinarily, this Court ought to issue notice to the respondents before finally disposing ofthis petition. However, there are 13respondents and besides it is only amatter of giving opportunity to thepetitioners and as observed earlier, Iam inclined to grant that indulgence tothe petitioners in the interests ofjustice.Moreover, the petitioenrs have givenassurance before this Court asmentined earlier, that every attemptwill be made to facilitate earlydisposal of the suit and no request foradjournment on any count will be madebefore the trial Court hereafter. Onthat understanding, this indulgence isshown. Besides, the petitioners shallpay costs to each of the respondentsquantified at Rs.500/- (rupees fivehundred only) each, i.e. totallyRs.6,500/- (rupees six thousand fivehundred). Costs be made over to therespondents or be deposited before thetrial Court within two weeks from today,failing which this Order will standrecalled. On the above terms, thispetition is finally disposed of. In theevent the respondents have any objectionto the above order, it will be open forthem to approach this Court so as torecall this Order.
A.M.KHANWILKAR, J.