IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 785 OF 2008 SHRI EDWARD JOSE SALVADOR AREZ AND ANR., ... Petitioners Versus SHRI MANUEL FRANCISCO GUSTAVO AREZ THROUGH ATTORNEY MARGARET SARDINHA ... Respondent Mr. D. P. Bhisse, Advocate for the petitioners. Mr. A. D. Bhobe, Advocate for the respondent. Coram:- SMT. R. S. DALVI, J. Date:- 29th April, 2009 P.C. The writ petition is in fact disposed of by order dated 21.02.2008. Though the petitioners have challenged the order passed under Section 10 of the Civil Procedure Code, which refused to stay the suit on the ground that another suit was earlier filed in the lower Court, the order in this writ petition shows that the petitioners conceded that they would move an application under section 24 of the Civil Procedure Code for transfer of the suit before the lower Court in the District Court. Accordingly, the impugned order cannot be now challenged by the petitioner. The petitioner has been allowed to move an application under section 24 of the Civil Procedure Code. The petition has not been adjourned or stood over to any other date after the order dated 21.02.2008. It is seen that the petition is disposed of and nothing else survives in the petition. 2. The District Court would consider the application under section 24 of the Civil Procedure Code filed before it. If the transfer of the suit in the lower court is allowed, the petitioners would no longer have any dispute. If the transfer is not allowed (despite rejection of the application under section 10 of the Civil Procedure Code), the petitioners may pursue their remedy thereupon. SMT. R. S. DALVI, J. lh/.