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Judgment
F.M. Reis, J.—Heard Shri A.N.S. Nadkarni, learned Senior Counsel appearing for the Petitioners, Shri J.E. Coelho Pereira, learned Senior Counsel appearing for the Respondent nos. 1 to 12, Shri Kotwal, learned Counsel appearing for the Respondent no.13, Shri Zaiwalla, learned Senior Counsel appearing for the Respondent no. 14 and Shri M.S. Sonak, learned Counsel appearing for the Respondent no. 15. Rule. Heard forthwith with the consent of the learned Counsel appearing for the parties. Learned Counsel appearing for the Respondents waive service.
The above Petition challenges the Order passed by the learned Civil Judge, Senior Division at Quepem dated 14.02.2012, whereby an application filed by the Petitioner for an adjournment to advance their oral submissions in respect of application for temporary injunction pending before the learned Judge in Special Civil Suit no. 20/2010/A came to be dismissed.
During the course of hearing of the above Petition, it was pointed out by Shri Nadkarni, learned Senior Counsel appearing for the Petitioners, that on account of some justifiable reasons, the Petitioners were not in a position to advance their oral submissions on the date fixed by the Trial Court. Learned Senior Counsel further pointed out that otherwise the Petitioners were always prepared to go ahead with the matter but on the relevant date on account of some unavoidable exigencies which have been stated n the application, the Petitioners were not in a position to advance their oral submissions. Learned Senior Counsel pointed out that at this stage the submissions of the Respondent nos. 13 and 14 are concluded and the matter is now posted for continuation of arguments by the Respondent no. 15. Learned Senior Counsel pointed out that an application has also been moved before the learned Judge to the effect that considering that the Respondent no.15 is supporting the case of the Petitioners, the arguments of Respondent no. 15 are to be restricted.
Shri J.E. Coelho, learned Senior Counsel appearing for the Respondent nos. 1 to 12, points out that though he has adopted the submissions of the learned Counsel appearing for the Respondent nos. 13 and 14, nevertheless, in case any new submissions are advanced affecting the rights of the said Respondents, they are entitled to rebut such submissions.
Considering the facts and circumstances of the case and taking note of the submissions of the learned Counsel appearing for the respective parties, I find it appropriate that necessary directions be issued so that the application for temporary injunction is disposed of expeditiously. As the arguments by the Respondent nos. 13 and 14 have concluded, naturally the Petitioner would be entitled to advance arguments in rejoinder. As such, considering the overall view of the matter, I pass the following :
ORDER
(i) The Petitioners are directed to file written arguments in support of their submissions in respect of the temporary injunction application by serving copy thereof to the Counsel appearing for the Respondents within one week from today.
(ii) The Respondent no. 15 shall advance oral submissions if he so desires in connection with the said application immediately thereafter, on the date fixed by the learned Judge.
(iii) The Respondent nos. 1 to 14 will thereafter advance their further submissions either by filing written arguments and/or advance oral arguments if they so desire. Subsequently, the Petitioners will be entitled to advance oral arguments in rejoinder to the submissions of the Counsel of the Respondents.
(iv)The learned Trial Judge is directed to ensure that hearing of the application for temporary injunction proceeds in the light of the observations made herein above are completed before the ensuing summer vacation and dispose of the application one week after the reopening of the summer vacation.
(v) The impugned Order stands accordingly modified to the extent as stated herein above.
(vi)Rule made absolute in the above terms.
(vii) Petition stands disposed of accordingly.