IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 279 OF 2011 MR. DAVID ANTHONY EDGELL THROUGH HIS DULY CONSTITUTED ATTORNEY MR. JOSEPH FERNANDES ... Petitioner Versus CAPT. GERALD JOHN FERNANDES AND 3 ORS., ... Respondents Mr. A. Borkar, Advocate for the petitioner. Mr. P. S. Rao, Advocate for respondent no.1 Mr. J. J. Mulgaonkar, Advocate for respondent no.2. Mr. J.A. Lobo, Advocate for respondent nos.3 & 4. Coram:- A. P. LAVANDE, J. Date:- 6th July, 2011 P.C. Heard Mr. A. Borkar, learned Advocate for the petitioner, Mr. P. S. Rao, learned Advocate for respondent no.1, Mr. J. J. Mulgaonkar, learned Advocate for respondent no.2 and Mr. J.A. Lobo, learned Advocate for respondent nos.3 & 4. 2. By this petition under Article 227 of the Constitution of India, the petitioner has challenged order dated 21.3.2011 by which application dated 9.12.2010 filed on behalf of the petitioner/plaintiff seeking certain reliefs has been dismissed. 3. The petitioner is the plaintiff in the Special Civil Suit no. 141/2009/A pending before Civil Judge, Senior Division, Mapusa filed against the respondents/defendants. In the said suit the plaintiff filed application dated 9.12.2010 seeking certain reliefs against defendant no.1 which has been dismissed by impugned order. 4. Although several grounds have been urged in support of the petition, petition is liable to be allowed on a short ground. Mr. P. S. Rao, learned Advocate for respondent no. 1 fairly concedes that learned trial Court has not given any reason for dismissal of the application filed by the plaintiff nor have considered several contentions raised on behalf of the defendant no.1/respondent no.1 and therefore the impugned order is not maintainable in law. 5. In view of the above, impugned order dated 21.3.2011 passed by Civil Judge, Senior Division, Mapusa in Special Civil Suit No.141/2009/A is quashed and set aside. Trial Court to decide the application dated 9.12.2010 afresh and pass afresh order after considering the submissions of the rival parties, in accordance with law expeditiously. 6. It is made clear that I have not expressed any opinion on the merits of the rival claims. 7. Writ Petition stands disposed of. A. P. LAVANDE, J. vn