IN IN IN THE HIGH COURT OF BOMBAY AT GOA THE HIGH COURT OF BOMBAY AT GOA THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.120 OF 2003 1. Smt. Sebastian Fernandes, w/o late Ubaldo Rebello, D/o late Teadojio Fernandes, major in age, housewife; 2. Mr. Sunil Rebello, s/o late Ubaldo Rebello, major in age, Occupation service; 3. Miss. Rosy Rebello, d/o late Ubaldo Rebello, major in age, All r/o H.No.381/A, Muthal, Sadolxem, Canacona-Goa ... PETITIONERS VERSUS 1. Smt. Concesao Rosai Fernandes, w/o late Rosario Fernandes, major in age, housewife, r/o Cornamolem, Bhatpal, Canacona-Goa; 2. Shri Caitan Fernandes, major in age, service, r/o Bhatpal, Canacona-Goa ... RESPONDENTS. ----- Shri C.A. Coutinho, Advocate for the Petitioners. Shri Sudin Usgaonkar, Advocate for Respondent No.2. ----- CORAM CORAM CORAM : S.J. VAZIFDAR,J. : S.J. VAZIFDAR,J. : S.J. VAZIFDAR,J. DATED : APRIL 17, 2003. ORAL JUDGMENT Rule, returnable forthwith. 2. The impugned Order is set aside. The Petitioners shall be permitted to produce the further - 2 - documents. It is clarified, however, that this Order does not permit the documents being received in evidence. This is an issue which shall be decided by the Trial Court. The Order is without prejudice to the rights and contentions of the Respondents as to whether the documents can be received in evidence. The Petition is accordingly disposed of. The Petitioners shall pay the costs fixed at Rs.1,000/- as a condition precedent. S.J. S.J. S.J. VAZIFDAR,J. VAZIFDAR,J. VAZIFDAR,J. ac.