1 IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO. 117 OF 2006 1. Mr. Jacinto G. R. F. Rodrigues 2. Mrs. Maria A.E.D.P.N. Rodrigues Both residing near Stella Maris Chapel St. Mary's Colony, Miramar, Panaji, Ilhas, Goa. ... Appellants versus 1. M/s. Pinto Associates A partnership firm represented by its partner Mr. Mario F. X. Pinto S/o Otilio Pinto, resident of Saibavaddo, Piedade, Divar, with office at Stella Maris Business Centre Next to Jit Singh Chandok & Co., Miramar, Panaji, Goa. 2. The Consumer Dispute Redressal District Forum, North Goa, by its Chairman, Porvorim, Bardez, Goa. ... Respondents Shri M. B. D'Costa, Senior Advocate with Shri J. A. Lobo, Advocate for the Appellants. Shri A. F. Diniz, Advocate for Respondent No.1. 2 CORAM : F. M. REIS, J. DATE : 24TH JUNE, 2011. ORAL JUDGMENT The above appeal challenges the Judgment and Decree passed in Civil Suit No. 45 of 2005(New) dated 5-4-2006 passed by the learned Additional District Judge at Panaji whereby the suit filed by the Respondents, inter alia, came to be decreed in terms of prayers (a) and (b). 2. Heard Shri M. B. D'Costa, learned Senior Counsel for the Appellants and Shri A. F. Diniz, learned Counsel for Respondent No.1. 3. In the above appeal, both the learned Counsel appearing for the respective parties pointed out that the suit has been decided by the learned Additional District Judge who had no jurisdiction to decide the suit filed by the Respondents as the Government nor any Government Official was a party. Both the learned Counsel further pointed out that the suit was decided by the learned Additional District Judge on being transferred from the Court of the learned Civil Judge, Senior Division at Panaji on a mistaken assumption that the suit was filed against the 3 Government. It was further pointed out that as such the impugned Judgment dated 5-4-2006 is without jurisdiction and deserves to be quashed and set aside. Considering the said submissions advanced by both the learned Counsel, I find that the impugned Judgment passed by the learned Additional District Judge at Panaji is without jurisdiction as admittedly the Government nor any Government Official was a party to such suit and as such the impugned Judgment and Decree deserves to be quashed and set aside. 4. Shri M. B. D'Costa, learned Senior Counsel for the Appellants pointed out that considering the facts and circumstances of the case, the suit filed by the Respondents is to be disposed of expeditiously and as such a direction to that effect be made to the learned Additional Civil Judge, Senior Division 'B' Court at Panaji. 5. In view of the above, I pass the following Order by consent. ORDER 1. The appeal is partly allowed. 2. The impugned Judgment and Decree dated 5-4-2006 passed by the learned Additional District Judge at Panaji in 4 Civil Suit No.45 of 2005(New) is quashed and set aside. 3. The said Civil Suit No.45 of 2005 is directed to be restored to the file of the learned Civil Judge, Senior Division at Panaji 'B' Court. 4. The learned Civil Judge, Senior Division at Panaji is directed to decide the said suit afresh on its own merits without being influenced in any manner with any of the findings and/or observations made in the impugned Judgment and after hearing both the parties in accordance with law within a period of three months from the date of receipt of this order. 5. Interim relief passed, if any, stands vacated. 6. Appeal stands disposed of accordingly with no orders as to costs. 7. Parties are directed to appear before the learned Civil Judge, Senior Division 'B' Court at Panaji on 18th July, 2011 at 10.00 a.m. F. M. REIS, J. RD