IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 446 OF 2010 IN APPEAL FROM ORDER NO. 101 OF 2008 MR. ALLISON SIMPLICIO D'SOUZA ... Applicant Versus MRS. MRUNALINI D'SOUZA E TAVORA ... Respondent Mr. S. D. Lotlikar, Senior Advocate with Mr. P. S. Lotlikar, Advocate for the applicant. Mr. Sudin M.S. Usgaonkar,Advocate for respondent. Coram:- A. P. LAVANDE, J. Date:- 4th October, 2010 P.C. Heard Mr. Lotlikar, learned Senior Counsel for the applicant and Mr. Usgaonkar, learned Counsel for the respondent. 2. By this application, the applicant seeks modification of the order dated 8th April, 2009 by which the Appeal from Order no.101/2008 preferred by the applicant challenging the order passed by the Trial Court refusing to modify the earlier order passed by this Court, was disposed of. 3. This Court by order dated 8th April, 2009 disposed of the Appeal from Order no.101/2008 partly modifying the earlier order passed by this Court. By the present application, the applicant seeks further modification of the order passed by this Court. However, the fact remains that the Appeal from Order stands disposed of by the order dated 8th April, 2009 and as such the question of entertaining the application for modification of the said order by this Court, does not arise. As such the application stands disposed of. However,liberty is given to the applicant to seek modification of the said order passed by this Court since admittedly, the application seeking custody of the child filed by the applicant is pending before the Trial Court. In case the applicant chooses to file such an application, the learned Trial Judge shall decide the same on its own merits in accordance with law. The application stands disposed of. A. P. LAVANDE, J. SMA