1 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 494 OF 2007. 1) Agostinho Mesquita, aged 43 years, 2) Maria Alice Mesquita, aged 33 years, Both residents of House No.1397, Dangvaddo, Benaulim, Goa. ..... Petitioners. Versus 1. Mr. Agnelo Fatima Rodrigues, Major in age, Son of late Rosa Antonia Ferrao, Resident of House No.563, Pulwaddo, Benaulim, Goa. 2. Mrs. Ancessao Rodrigues, Major in age, Wife of Agnelo Rodrigues, Resident of House No.563, Pulwaddo, Benaulim, Goa. ..... Respondents. Mr. C. Mascarenhas, Advocate for the Petitioners. Mr. S. R. Vernekar, Advocate for the respondent Nos. 1 & 2. Coram :- S. A. BOBDE, J. Date : - 10th April, 2008. ORAL JUDGMENT : 1. Rule is made returnable forthwith. Heard by consent. 2. The petitioner had applied for injunction to restrain the defendants from interfering with the property. However, apparently the 2 Appellate Court which also refused the injunction came to the conclusion that the defendants have an access in front of their property and it would not be permissible to grant injunction which would result in an illegality. It appears that the Appellate Court has gone upon consideration which is not genuine to the issue of injunction. In the circumstances, the impugned order is hereby set aside. The matter is remitted back to the Appellate Court for its fresh decision before the Appellate Court. The appellate Court shall decide the matter within 3 months after the parties appear before it. The parties are directed to appear before the Appellate Court on 21st April 2008. 3. Rule is made absolute accordingly. The writ petition is disposed of. S. A. BOBDE, J. SMA