1 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.752 OF 2011 1. John Vaz, Son of Antonio Jose Vaz, Aged 72 years, married, Landlord, residing at H.No.193, Rua de Natal, Fontainhas, Panaji Goa. 2. Smt. Boaventura Braganza e Vaz, Daughter of Jose Braganza, aged 65 years, housewife, H.No.193, Residing at Rua de Natal, Fontainhas, Panaji Goa. …. Petitioners V/s 1. Mr. Jose de Afonso Machado, Son of Mr. Antonio Lourdes Machado, Aged 70 years, married, Retired, residing at H.No.156, Rua de Natal, Fontainhas, Panaji, Goa (since deceased through LR's). 1(a) Miss Christine Lourdes Afonso Machado, Major in age, unmarried, residing at H.No.156, Rua de Natal, Fontainhas, Panaji Goa. 2. Mrs. Ida Afonso e Machado, Daughter of Dr. Alberto Afonso, Aged 61 years, married, housewife, Residing at H.No.156, Rua de Natal, Fontainhas, Panaji Goa. …. Respondents Mr. S. D. Padiyar, Advocate for the Petitioners. 2 Mr. Nigel Da Costa Frias, Advocate for Respondent No.2. CORAM : F.M. REIS, J. DATE : 22nd DECEMBER, 2011 JUDGMENT : Heard Shri S.D. Padiyar, learned Counsel appearing for the petitioners and Shri Nigel Da Costa Frias, learned Counsel appearing for respondent no.2. 2. Rule. Heard forthwith with the consent of the learned Counsel. Learned Counsel Shri Nigel Da Costa Frias waives service on behalf of respondent no.2. 3. After hearing the matter for sometime, the following order is passed by consent in view of the Judgment of the Apex Court reported in 2008(12) SCC 739 in the case of Eastern Equipment and Sales Limited Vs. ING. Yash Kumar Khanna. O R D E R (i) The impugned order dated 21/11/2011 is quashed and set aside. (ii) The learned Additional District Judge shall consider the application filed by the petitioner dated 4/11/2011 under 41 Rule 27 of the Civil Procedure Code afresh at the time of hearing of the appeal on merits. 3 (iii) All contentions of the parties are left open. (iv) Rule is made absolute in the above terms. (v) Writ Petition stands disposed of. F.M. REIS, J. NH/-