5 AO 1 2023 Meena IN THE HIGH COURT OF BOMBAY AT GOA APPEAL FROM ORDER NO.1 OF 2023 KESHAVRAO SANTABA NAIK ... APPELLANT Versus MITHUN MANOHAR NAIK AND 2 ORS ... RESPONDENTS Mr. Prasheen Lotlikar, Advocate for the Appellant. Mr. Parikshit Sawant, Advocate for Respondent No.1. CORAM:- VALMIKI MENEZES, J. DATED :- 9th October, 2026 P.C.: 1. This is an appeal directed against the order dated 26.04.2022 passed on an application under Order IX Rule 9 CPC dismissing he application on the ground that no sufficient cause has been shown by the original Plaintiff/Appellant herein for setting aside the order dated 12.06.2018 dismissing Special Civil Suit No.6/2012/A for non-prosecution. 2. I have perused the Roznamas of the said suit, and on going through the same I noticed that right from 06.04.2017 until the suit was dismissed on 12.06.2018, i.e. the period of one entire year, traversing almost these adjournments without giving valid reasons, the suit was dismissed. The matter was, in fact, listed for 9th October, 2026 5 AO 1 2023 recording the Plaintiff's evidence, who have for filing the affidavit itself, adjourned the suit on not less than 8 occasions. In fact, in my opinion, the trial Court has shown too much indulgence to the Plaintiff and ought to have closed the Plaintiff's evidence on three adjournments being granted for filing his affidavit in evidence. 3. On perusing the impugned order, in my opinion, the trial Court has considered the entire record and the conduct of the plaintiff. The trial Court has also considered the provisions of Order IX Rule 9 CPC and arrived at the conclusion, based on the conduct of the Appellant, that no sufficient cause in fact has been shown for non-appearance when the suit was called out. There is no case made out. No interference is called for in the order, and the same is upheld. 4. The appeal stands dismissed. No costs. VALMIKI MENEZES, J. 9th October, 2026 Signed by: MEENA VISHAL BHOIR Designation: Private Secretary Date: 09/10/2026 17:34:34