IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 210 OF 2010 SHRI WILLIAM D'COSTA, REP. BY SHRI ROSARIO ALMEIDA AND ANR., ... Petitioners Versus SHRI. AGOSTINHO FRANCISCO ANTONIO DE JESUS CORREIA AFONSO @ ANTONIO CORREIA AFONSO AND 7 ORS., ... Respondents Mr. S.S. Kakodkar, Advocate for the Petitioners. Mr. Agnelo F. Diniz, Advocate for Respondents No.1 & 2. Coram:- N. A. BRITTO, J. Date:- 21st April, 2010 P.C.: Heard. 2. This Writ Petition is filed by defendants no.1 & 2. There is no dispute that the plaintiffs had filed an application under Order 39, Rule 2(A) r/w Rule 11, which came to be dismissed by order dated 21/11/2007. 3. Thereafter, defendants no.1 & 2, on 3/04/2008 filed an application purporting it to be under Section 151 CPC, which came to be dismissed by order dated 24/02/2010. 4. Prior to that defendants no.1 & 2 and their attorney had filed a Writ Petition before this Court, being Writ Petition No.841/2009, which came to be decided by judgment dated 10/02/2010 and in the said judgment the direction was given for disposal of the said application dated 3/04/2008-Exhibit 50. The said application has now been disposed of and the present Writ Petition is filed against the said order of dismissing the said application dated 3/04/2008. The order dated 21/11/2007 has not been appealed from by the defendants no.1 & 2 and has attained finality. There is an appeal provided against the said order. It appears that in disposing the application dated 3/04/2008, the learned trial Court had made certain observations to the effect that the order dated 21/11/2007 was made after due service to the said defendants. 5. Considering that an appeal is provided against order dated 21/11/2007, no useful purpose would be served by entertaining this Writ Petition on order passed on application dated 3/04/2008. The defendants no.1 & 2 are at liberty to file an appeal against the said order dated 21/11/2007, in accordance with law. Needless to say, the appellate Court before whom the appeal would be filed will decide the appeal on its own merits and in accordance with law, without being influenced by the observations made herein or for that matter by the learned trial Court in order dated 24/02/2010 on application dated 3/04/2008. The execution of the warrant is stayed for a period of 10 days to enable the said defendants to prefer an appeal. Any appeal to be filed will be subject to the law of limitation. 6. Writ Petition disposed off with the above observations. N. A. BRITTO, J. NH