IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.113 OF 2010 AND MISC. CIVIL PPLICATIO NO.282 OF 2010 SHRI JOAQUIM DIAS AND 3 ORS., THROUGH P.O.A. SMT. MILAGRINA PEREIRA E DIAS …. Petitioner/Applicant V/S SMT. MARTA DIAS AND ANR. …. Respondent Mr. D.P. Bhise, Advocate for the Petitioner/Applicant. Mr. M.A. Fernandes, Advocate for the Respondents. CORAM : N.A. BRITTO, J. DATE : 4 th MAY, 2010 ORDER: Heard. 2. This Writ Petition is filed by the plaintiffs in RCS No.107/2007/D and is directed against order dated 30/01/2010 granting police protection to the defendants. 3. The suit property belonged to Maria Conceicao Gonsalves and to Regina Dias, who are the aunty and mother of the plaintiffs and defendants, respectively. The said aunty made a will on 7/09/2007 in favour of the respondents as regards the said property and she expired on 8/09/2007. The plaintiffs filed a suit for setting aside the said will on or about 31/01/2007 and along with the suit filed an application for temporary injunction, inter alia, claiming that the plaintiffs were in possession of the said property. The said application came to be disposed of by order dated 6/09/2008, in the light of an undertaking given by defendants no.1 & 2, by which they undertook not to create interest or third party right till the disposal of the suit. In other words, the import of the said order was that the said defendants were in possession of the said property, which order was not challenged by the plaintiffs. If the said defendants no.1 & 2 were in possession of the suit property, the grant of police protection by the impugned order to the said defendants to harvest the paddy fields, in my view, could not be faulted. 4. Counsel on behalf of the petitioner fairly concedes that the prayers made in MCA were not made before the learned trial Court and have been made for the first time before this Court. Plaintiffs are at liberty to file an application of the nature of application dated 21/04/2010 before the learned trial Court in case they are entitled in law to do the same. 5. With the above observations, the Writ Petition as well as Misc. Civil Application are hereby disposed of. N.A. BRITTO, J. NH/-