IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 43 OF 2009 SHRI. JOAQUIM FILIPE AFONSO AND ANR., ... Petitioners Versus ANA PRAXEDES DA PIEDADE PINTO ALIAS ANITA PINTO REPRESENTED BY ZEENA FERNANDES ... Respondent Mr. Shivan Dessai, Advocate for the petitioners. Mr. A. F. Diniz, Advocate for the respondents. Coram:- U. D. SALVI, J. Date:- 12th June, 2009 P.C. This is a petition for setting aside the orders dated 6.8.2008 and 22.8.2008 passed by the Additional Civil Judge, Senior Division at Margao in Special Civil Suit no. 94/2004/II closing the cross-examination of the principal witness of the plaintiff PW 1/Sister Zeena Fernandes, next friend of the plaintiff Anita Pinto, aged about 90 years-a lady of unsound mind. 2. It is now urged before this Court that the defendant no. 1/Joaquim was denied sufficient opportunity to cross-examine the principal witness inasmuch as the suit was posted for cross-examination of the witness, immediately after, his Advocate had withdrawn his appearance. Copy of the roznama does indicate this fact. However, it is submitted on behalf of the respondent/plaintiff that all the facts have not been placed correctly before the Court and the so-called withdrawal of the appearance of Advocate Shri P.P. Singh representing the defendant no. 1/petitioner was sham withdrawal from the suit in order to see that the lis ended with the aging plaintiff. It has further been pointed out by the respondent/plaintiff that looking at the age of the plaintiff and her condition the trial in the suit was expedited to be concluded within given timeframe i.e. on or before 31.12.2008, and as per the fresh directions on or before 30.6.2009. It has been further pointed out that Advocate Shri P.P. Singh surfaced in the proceeding again on 16.8.2008 to make submissions on behalf of the defendant no. 1 that he was proposing to file six more applications. Certainly these facts do pose question about the intentions of the concerned advocate in his withdrawal of appearance from the proceedings. 3. However, a fact remains that no sufficient time was given to the concerned party either to engage a new advocate or to give rethinking to the episode of withdrawal of appearance. Now, it is submitted that the defendant no. 1 has made appropriate arrangements for engaging an advocate on his behalf to cross-examine PW 1/Zeena Fernandes in the trial Court and to conclude the cross-examination within a week. Such arrangement would not only afford to the defendant no. 1 an opportunity, certainly sufficient opportunity, to cross-examine the plaintiffs witness but also move the trial of the suit towards just end expeditiously. Hence, the order. 4. The parties shall appear before the Trial Court at the opening of the first session on 16.6.2009. 5. Cross-examination of the PW 1/Zeena Fernandes Shall be completed on or before 22.6.2009. The petitioner shall pay costs of Rs. 5000/- to Old Age Home run by the Nuns of the Society St. Joseph of Cluny, Guardian for the respondent/plaintiff Anita Pinto as condition precedent. 6. Writ Petition stands disposed off accordingly. U. D. SALVI, J. *am/-