IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 489 OF 2010 MR. MENINO CONSTANCIO ALMEIDA AND 2 ORS., ... Petitioners Versus MR. GEORGE VAZ, R/O. H. NO. 501/2, COTTARBATT, ALDONA, BARDEZ-GOA ... Respondent Mr. G. Teles, Advocate for the petitioners. Mr. Amonkar, Advocate for the respondent. Coram:- N. A. BRITTO, J. Date:- 7th July, 2010 P.C. Heard. 2. The defence evidence began on 14.6.2010 by filing affidavit in evidence of DW1. The case was adjourned to 17.6.2010. On this day plaintiffs sought an adjournment to cross examine the defendant. The defendant did not object to the adjournment and inspite of that the learned trial Court proceeded to dismissed the application and closed the evidence of DW1. 3. On the facts of the case the exercise of discretion by the learned trial Court does not appear to be correct and sound and consequently this writ petition succeeds. The impugned Order dated 17.6.2010 is hereby set aside. Plaintiffs are allowed to cross examine the defendant/DW1. 4. Parties to appear before the trial Court. Counsel informs that they will appear before the trial Court on 12.7.2010. 5. Writ Petition is disposed of. N. A. BRITTO, J. vn