1 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.607 OF 2011 Mr. Blasco Monteiro major, married, resident of Vanxem, Lotoulim, Salcete, Goa. …. Petitioner V/s 1. Mr. Caetano Rosario Luis and his wife, 2. Mrs. Maria Felicidade SRV Luis, … deleted Both residents of Rohini Apts., A-5, 2nd Floor, Near Holy Spirit Church, Margao, Goa. 3. M/s Micon Realtors, Represented by its director, Mr. Minguel Francisco Gomes, Proprietor T-1, 3rd Floor, Ameya Apts., Behind Police Station, Margao, Goa. 4. Mrs. Maura Celina Melita Correia alias Maria Celina Melita Correia Quadros, Major, married and her husband, 5. Mr. Valeno Piedade Quadros, Major, married, mechanical engineer, … deleted Both residents of Mangor Hill, Vasco-Da-Gama. 6. Ana Brigida Mariotte Correia Corson, Major, married, scientist and her husband, 2 7. Mr. Brian Joel Corson, Resident Newton Connecticut USA, 8. The Village Panchayat of Colva Vanelim Sernabatim and Gaundaulim, Through its Sarpanch, Colva, Salcete, Goa. 9. Dr. Marconi Correia, Major of age, married, and his wife, 10. Mrs. Rita Falden De Sa E Correia, Major of age, Both resident of H.No.9, Cuelim, Post Cansaulim, Goa. 11. Mrs. Maria Angela Maura … deleted Correia Crasto, Major, married, Teacher, and her husband, 12. Ms. Jose Joaquim Agnelo Crasto, Major, married, Teacher, Both residents of Opp. Hero Honda Showroom, Pinto Chambers, Panaji, Goa. 13. Mrs. Mina Monteiro, Major of age, resident of Vanxem, Lotoulim, Salcete, Goa. 14. Sr. Clara Monteiro, Major, nun, Resident of Vanxem, Lotoulim, Salcete, Goa. …. Respondents Shri Nigel Da Costa Frias, Advocate for the Petitioner. Shri C.A. Coutinho, Advocate for Respondent No.3. 3 CORAM : F.M. REIS, J. DATE : 23rd SEPTEMBER, 2011 JUDGMENT: Heard Shri Nigel Da Costa Frias, learned Counsel appearing for the petitioner and Shri C.A. Coutinho, learned Counsel appearing for respondent no.3. 2. Shri Nigel Da Costa Frias, learned Counsel appearing for the petitioner seeks leave to delete names of respondents nos.1,2 and 4 to 14, as according to him the impugned order has been passed at the instance of respondent no.3. Leave granted. Respondents Nos.1,2 and 4 to 14 stand deleted. Amendment to be carried out forthwith. 3. Rule. Heard forthwith with the consent of the learned Counsel. Shri C.A. Coutinho, learned Counsel waives service on behalf of respondent no.3. 4. The above petition challenges the order passed by the learned Additional District Judge, South Goa, Margao passed in 4 M.C.A. No.5/2011 whereby an ex-parte order passed on 21/01/2011 in M.C.A. No.5/2011 came to be vacated. 5. The short point in controversy in the above petition is that the impugned order was passed without giving adequate opportunity to the petitioner of being heard on the application for ad interim relief filed by the petitioner in the appeal pending before the learned Additional District Judge. The said order was passed at the instance of respondent no.3 herein who had prayed inter alia in the application that the application for interim reliefs be heard irrespective of whether respondents nos.6 & 7 are served or not. Considering the said aspect, it was not proper for the learned Judge to vacate the order without hearing the petitioner. 6. Shri C.A. Coutinho, learned Counsel appearing for respondent no.3 fairly accepts the position that his prayer in the application was only to hear the applicant for interim reliefs in the absence of respondents no.6 & 7 as great injuries was causing to the respondents in view of the operation of the ad interim order passed by the learned Appellate Court. 5 7. Shri Nigel Da Costa Frias, learned Counsel appearing for the petitioner states that the petitioner will file amendment application to delete the names of respondents nos.6 & 7 from the interim relief application only, though the said respondents shall continue to be party respondents in the main appeal. 8. Considering the over all aspects of the matter, I find that the impugned order passed by the learned Additional District Judge, South Goa, Margao dated 20/09/2011 deserves to be quashed and set aside. The learned Judge shall decide the application for interim reliefs filed by the petitioner after hearing the parties as expeditiously as possible within one month from the date of this order in accordance with law. The parties are directed to appear before the learned Judge on 1/10/2011. 8. Rule is made absolute in the above terms. Petition stands disposed of accordingly. F.M. REIS, J. NH/-