1 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 140 OF 2008. Shri Allaudin Shah Umar Shah Morlem, Kesarker Wada, Sattari, Goa. ..... Petitioner. Versus Shri Rahim Usman Aga, House No.41, Morlem, Kesarkar, Wada, Sattari, Goa. ..... Respondents. Mr.Mahesh Amonkar, Advocate for the Petitioner. Mr. P. Rao, Advocate for the respondent. Coram :- S. A. BOBDE, J. Date : - 02nd May, 2008. ORAL JUDGMENT : 1. Rule returnable forthwith. Heard by consent. 2. After hearing the matter for some time, following order is passed by consent. a) The impugned order rejecting the petitioner's application for dismissing the respondent's suit on the ground of res judicata dated 15.2.2008 is set aside. b) The petitioner shall be at liberty to apply to the Trial Court for framing a specific issue pertaining to his objection on the ground of 2 res judicata. c) The Trial Court shall decide the issue after evidence. d) All the questions are left open. Rule disposed of. S. A. BOBDE, J. SMA