NAZARIO SEBASTIAO PINTO, SON OF LATE JOSE CAMILO PINTO Vs. BHASKAR PANDHARINATH NAIK, SON OF LATE PANDHARINATH NAIK

JUDGEMENT

(1.) Rule. Heard forthwith with the consent of the learned Counsel appearing for the parties. Learned Counsel appearing for the respondents waives service.

(2.) The petitioners seek to challenge the orders dated 12/10/2017 and 27/10/2017 passed by the Adhoc Additional Senior Civil Judge, Margao in this petition by invoking the jurisdiction of this Court under Article 227 of the Constitution of India.

(3.) The petitioners who were the original defendants nos.3 & 4 had filed their written statement and additional written statement to the amendment denying the case of the respondents plaintiffs and claimed to be in lawful possession of the suit property pursuant to the Sale Deed executed by the defendants no.1 & 2 in their favour. The plaintiffs had led their evidence after which the petitioners led their evidence and sought to produce the Inspection Report prepared by an expert witness which application came to be dismissed by the impugned order dated 12/10/2007. The petitioners also sought to examine the engineer for which purpose an affidavit was sought to be filed before the Court. The respondents no.1 & 2 as the plaintiffs objected to the examination of the engineer as his affidavit travelled beyond the pleadings and when the learned Trial Judge vide the impugned order dated 27/10/2017 disallowed the said application giving rise to the petition at the instance of the petitioners/original defendants no.3 & 4.