IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 462 OF 2003 DR. LUCAS AGNELO LIONCIO MANUEL ....Petitioners MONTEIRO AND ANR., Versus POLICARPO JACINTO OLIMPIO MONTEIRO ....Respondents AND ANR., SHRI J.A. LOBO,SHRI M. MASCARENHAS Coram:- R. J. KOCHAR, J. Date:- 29th November, 2003 Heard both sides. I find no reason to interfere with the concurrent view taken by the two Courts below on the issue of prima facie case. No case for interference in exercise of writ jurisdiction. In the circumstances, petition fails insofar as challenge to the Order passed on the application under Order 39 C.P.C. for interim relief is concerned. Insofar as the Order dated 27th May, 2003 which is also subject matter of challenge in this Writ Petition whereby the District Court has rejected the petitioner's application for extension of time to carry out the amendment is concerned, it is agreed that the said Order be set aside by giving liberty to the petitioner to apply to the Trial Court for extension of time, which in turn can decide the same on merits in accordance with Law. In the circumstances, it is made clear that the Trial Court shall decide the application for enlargement of time to carry out amendment, if filed by the petitioner, on its own merits, in accordance with law. R. J. KOCHAR, J.