IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 662 OF 2008 SMT. CARMA CARDOZO ... Petitioner Versus SMT. BASILIA PEREIRA AND ANR., ... Respondents Mr. P. Rao, Advocate for the petitioner. Mr. R. G. Ramani, Advocate for the respondents. Coram:- C. L. PANGARKAR, J. Date:- 12th March, 2009 P.C. This writ petition is filed against an order passed by the District Judge-II, Margao in Misc. Civil Appeal No.33/2008. 2. The appeal was preferred by the original plaintiff who had filed an application for injunction restraining the defendants from interfering with the plantation of the plaintiff in the suit property and from cutting and removing the areca trees or banana trees, in pursuance to the order of the Mamlatdar dated 29.07.2004. The said application was heard by the learned Civil Judge, who allowed the application partly and restrained the defendants, the present respondents from cutting and removing the trees beyond the way of 0.90 cms. situated at the extreme eastern side of the property i.e. nullah. The plaintiff felt aggrieved by this order and therefore preferred an appeal. 3. The learned Appellate Court found that there was no prima facie case in favour of the plaintiff and therefore she allowed the appeal of the plaintiff but dismissed the application for injunction. 4. The learned counsel for the petitioner submitted that the defendants had not preferred any appeal against the order passed by the Civil Judge and yet the learned District Judge had rejected the entire application in an appeal filed by the plaintiff herself. 5. There cannot be two opinions in regard to the fact that the learned District Judge should have considered the fact that the defendants had not challenged that part of the order by which the application was partly allowed. If the learned District Judge did not find any merit in the appeal, she could have just dismissed the appeal but she could not have rejected the application. In view of this, the order passed by the learned District Judge-II in Misc. Civil Appeal No.33/2008 is set aside. The matter stands remanded to the District Judge-II, Margao with a direction to decide the appeal afresh. The petition is accordingly disposed of. C. L. PANGARKAR, J. lh/.