1 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.477/2007. 1. Shri Abhinay Jayram Desai, son of Jayram Desai, aged about 49 years, businessman, and his wife; 2. Smt. Arti Abhinay Desai, daughter of Sharad Paingankar, aged about 40 years, housewife, both residing at 31, 34, Tejpal Building, Bhaidas Maganlal Path, N. S. Patkar Marg. Mumbai – 400 007. .. Petitioners. Versus 1. Smt. Sunita Shyam Naik, widow of Sham Laxman Naik, of major age, residing at House No.1546, Char Rasta, Nagarcem, Canacona, Goa; 2. Shri Samir S. Naik, son of Shyam Laxman Naik, Businessman; and his wife, 3. Mrs. Smita Samir Naik, of major age, employed; both residing at House No.1546, Char Rasta, Nagarcem, Canacona, Goa. .. Respondents Mr. Sudin Usgaonkar with Ms G. Kale, Advocates for the petitioners. Mr. S. Kalshawkar, Advocate for the respondents. Coram :- S. A. BOBDE,J. Date : - 05 th June, 2008. 2 ORAL JUDGMENT : 1. Rule returnable forthwith. Heard by consent. 2. After hearing the matter for some time, it seems appropriate in the interest of justice to set aside the order dated 11.4.2007 which has been passed by the Trial Court without examining the issue in the light of Order XVIII, Rule 3 of C.P.C. The Trial Court is directed to decide the application of the petitioner in the light of Order XVIII, Rule 3 of C.P.C. as expeditiously as possible. 3. Rule disposed of. S. A. BOBDE, J. SMA