IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 528 OF 2010 MR. PRABHAKAR D. SHIRWAIKAR AND 2 ORS ... Petitioner Versus MRS. MALINI XETE PARKAR ALIAS MALINI XETE PARKAR ... Respondent Mr. S.D. Lotlikar, Senior Advocate with Mr. K.B. Surjuse, Advocate for the Petitioner. Mr. C.A. Coutinho, Advocate for Respondent No.1. Coram:- N. A. BRITTO, J. Date:- 21st October, 2010 P.C.: Heard. 2. The respondent no.1 herein was the plaintiff in Special Civil Suit No.91/2008. Respondent no.1, as plaintiff, had filed an application for temporary injunction which was rejected by the trial Court. Counsel on behalf of respondent no.1/plaintiff states that the respondent no.1/plaintiff has already been evicted from the suit premises pursuant to the order of eviction of the Rent Controller against respondents nos.2 to 5, herein. Counsel on behalf of respondent no.1/plaintiff concedes that these facts were not brought to the notice of the learned District Judge at the time of passing order dated 17/06/2010. Learned Counsel further submits that the plaintiff would take appropriate steps in the suit filed by her but for the present nothing survives in this Writ Petition which has been filed challenging the order of the District Judge dated 17/06/2010. 3. Shri Lotlikar, the learned Senior Counsel submits that Respondent No.1 was never in possession and if the statements made by the Counsel on behalf of respondent no.1/plaintiff are accepted, then there is a need to set aside the order of the District Judge for which learned Counsel appearing on behalf of respondent no.1/plaintiff has no objection. 4. The statements made by Shri C.A. Coutinho, learned Counsel on behalf of the respondent no.1/plaintiff, upon instructions from respondent no.1, who is present, are accepted. 5. The order of the learned District Judge is hereby set aside. Consequently, nothing will survive in this Writ Petition and, therefore, the same is hereby disposed of. N. A. BRITTO, J. NH