IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 54 OF 2005 M/S DEMPO PROPERTIES & INVESTMENT PVT.LTD.,ST.CRUZ ... Petitioner Versus MR.SURYA K.GAWADE(SIN.DEC.) THROU'L.RS., ... Respondents Shri Sudin M.S. Ssgaonkar, Advocate for the Petitioner. Shri V.K. Narvekar, Advocate for Respondents No. 1(a) to 1(e), 3, 4(a) to 4(c), 4(e) to 4(g), 4h(ii) to 4h(v), 4i(ii), 4i(iii), 4j, 4l(i), 4l(iii) to 4l(vi), 4m, 4n. Coram:- N. A. BRITTO, J. Date:- 17th July, 2008 P.C.: Heard learned Counsel on behalf of the parties. 2. This petition is directed against order dated 24/12/2004. It appears that in the cross-examination of the attorney of the plaintiffs a statement came to be recorded as "it is true that defendant use to give Dempo family seasonal fruits as Khand". It is the contention of the plaintiffs that the said sentence came to be wrongly recorded and it should have been recorded as "it is not true that defendant use to give Dempo family seasonal fruits as Khand". 3. The learned trial Court after considering the entire statement of PW1, has come to the conclusion that the first statement was wrongly recorded. It would be in the interest of both parties, as well as in the interest of justice, to consider whether the said statement was rightly or wrongly recorded, at the trial of the suit, while considering all other evidence which may be produced by the parties. 4. In view of the above, the impugned order is set aside and the Writ Petition is disposed of. N. A. BRITTO, J. NH