IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.74/2003 Mrs. Maria Rosa Filomena Genovieve da Mae da Pobres Costa e Barreto e Alvares, major of age, residing at Bombay, through her Power of Attorney Mr. Anthony Allen Furtado major of age, son of late Blasco Furtado, residing at Malawi House, Second Floor, Fontainhas, Panaji, Goa. ... Petitioner. V/s. 1. Mrs. Maria Edvina Quintina Visitacao da Costa e Baretto alias Edna Baretto, widow of Antonio Marcal Baretto, major of age, residing at Malawi House, 2nd Floor, Fontainhas, Panaji, Goa. i) Mr. Antonio Ivor Baretto, R/o. H.No.456, Malawi, House 2nd Floor, Fontainhas, Panaji, Goa. ii) Mrs. Shirley Lourdes Caldeira, R/o. H.No.250, Masta Bhat, Merces, Tiswadi, Goa. iii)Mr. Antonio Agnelo Manuel Caldeira, R/o. H.No.250, Masta Bhat, Merces, Tiswadi, Goa. iv) Mrs. Fatima Juddy Baretto Pereira, PDA Plot No.207, H.No.406/95, Opp. Teachers’ Training College, Alto Porvorim. v) Mr. Cyril Joseph Pereira, PDA Plot No.207, H.No.406/95 Opp. Teachers’ Training College, Alto-Porvorim. vi) Mrs. Marlene D’Souza, R/o. Nirmala Bldg., Flat No.4, Mahim, Mumbai-16 - 2 - vii) Mr. Peter Sebastain D’Souza, R/o. Nirmala Bldg., Flat No.4, Mahim, Mumbai - 16, 2. Shri Khusali Anant Satarkar, 3. Shri Babusso Anant Satarkar, (since deceased) represented by his legal heirs, his widow a) Smt. Bhogwantem B. Satarkar and by his son, b) Dayanand B. Sattorkar and daughter-in-law. c) Smt. Dayanand Sattorkar, r/o. House No.151, Murdi, Cuelim, Cansaulim, Salcete, Goa. .... Respondents Mr. J. Godinho, Advocate for the petitioner. Mr. M.B. D’Costa, Advocate for respondents No.2 and 3 (a,b and c). CORAM : P.V. HARDAS, J. DATE : 28TH FEBRUARY, 2003. ORAL JUDGMENT : Rule. Rule made returnable forthwith. By consent of the parties, the petition is heard for final disposal at the stage of admission. 2. This petition has been filed by the petitioner/plaintiff against the order of the learned appellate Court dated 25.9.2002 by which the learned appellate Court modified its earlier order dated 16.9.2002. Various grounds of challenge have been raised in the present petition, one of which is that - 3 - the learned Counsel appearing for the petitioner/ plaintiff was not heard and the order was passed behind his back by the learned appellate Court. Mr. M.B. D’Costa, learned Counsel appearing for the respondents accepts notice of this petition and has urged before me that the interim order granted by this Court on 15th February, 2003 be continued till the appeal is finally heard and decided on merits. Learned Counsel state that the appeal is fixed for hearing on 11th March, 2003. 3. In view of this, the learned IIIrd Addl. District Judge, South Goa, Margao is, therefore, directed to hear and decide the appeal as expeditiously as possible, when the appeal is fixed for hearing. Till the decision of the appeal, interim order passed by this Court on 15.2.2003 will continue. With the above directions Rule is made absolute in the above terms, with no order as to costs. P.V. HARDAS, J. ssm.