... 1 ... IN THE HIGH COURT OF BOMBAY AT GOA. WRIT PETITION NO.563 OF 2008 1. Shri Joaquim Filipe Afonso alias Felix Afonso, major in age, son of Leao Afonso, married and his wife, 2. Smt. Maria Lourenciana Juliana Crasto e Afonso, housewife, major in age, Both r/o House No.223, Fatorda, Margao, Goa. ... Petitioners. v e r s u s Ana Praxedes da Piedade Pinto, alias Anita Pinto, aged about 88 years, daughter of late Jose Antonio Luis Gonzaga Pinto, person of unsound mind, represented by Sr. Zeena Fernandes, in charge of Old Aged Home, run by the Nuns of the Society of St. Joseph of Cluny, resident of Nagoa, Verna, Salcete, Goa. ... Respondent ... 2 ... Mr. Shivan Desai, Advocate for the petitioners. Mr. A. F. Diniz, Advocate for the respondent. CORAM: A. P. LAVANDE, J. DATE : 4th DECEMBER, 2008. ORAL JUDGMENT: Heard learned counsel for the parties. Rule. By consent heard forthwith. 2. By this petition under section 227 of the Constitution of India, the petitioners challenge orders dated 22.07.2008 and 01.08.2008 passed by the Additional Civil Judge, Senior Division, Margao. By virtue of the impugned orders, the Trial Court has rejected the prayer made by the petitioners who are defendants in Special Civil Suit No.94/2004/II ... 3 ... pending before the Additional Civil Judge, Senior Division, Margao for stay of the suit under section 151 of the Civil Procedure Code. 3. The respondent filed the above suit for declaration and injunction against the petitioners/defendants. The petitioners took a plea that they are agricultural tenants in respect of the suit property and as such they are deemed purchasers. Accordingly, issue as to whether defendant no.1 and 2 were agricultural tenants and consequently deemed purchasers was framed and the same was referred to the Mamlatdar under the Agricultural Tenancy Act. By order dated 23.04.2008, the Mamlatdar held against the petitioners, against which, the appeal, Case No.SDO/SAL/TNC/Appl/7/2008 has been filed by the petitioners before the Deputy Collector, Margao. The said appeal is pending disposal. ... 4 ... 4. The petitioners filed an application seeking stay of the suit on the ground of pendency of the appeal. By order dated 22.07.2008 the Trial Court dismissed the application on the ground that there were directions to dispose the matter before December, 2008. The Trial Court by order dated 01.08.2008 dismissed the second application on similar ground. Both these orders are challenged by the petitioners on the ground that since the issue as to whether the petitioners are tenants, is pending adjudication before the Appellate Authority, the suit ought to have been stayed by the Trial Court. 5. Having heard the learned counsel for the parties and having perused the record, I am of the considered opinion that it would be in the interest of justice to stay the suit pending disposal of the appeal by the Deputy Collector, Margao. The Deputy ... 5 ... Collector, Margao shall decide the appeal expeditiously and in any case on or before 15.02.2009. 6. The Trial Court shall dispose of the suit taking into consideration the order that will be passed by the Deputy Collector. The Trial Court shall dispose of the suit expeditiously in view of the directions given by this Court. In any case, the Trial Court shall dispose of the suit on or before 15.05.2009. 7. Rule is made absolute in aforesaid terms with no order as to costs. A. P. LAVANDE, J. lh/.