IN THE HIGH COURT OF BOMBAY AT GOA ***** WRIT PETITION NO. 86 OF 1999 Shri John Anthony Dias, major of age, r/o House No. 113, Behind St. Sebastian Chapel, Aquem, Margao, Goa, through his Attorney Mrs. Aninha Dias. ... Petitioner. Versus 1. Shri Joseph Agnelo Dias, and his wife, 2. Mrs. Tereza Dias, both majors, r/o House No. 112/E, Aquem, Margao, Goa, 3. Mrs. Filomena alias Philomena Mascarenhas, and her husband, 4. Shri Agostinho alias Augustino Mascarenhas, both majors in age, and r/o House No.4, Vimal Society, Godhra Rd., Dahad, Gujarat 389 160, 5. Smt. Magdalina Dias, wife of late Constancio Dias and as natural guardian of minor children Mary Dias and Clara Dias, r/o Green Field Society, C.S.T. Road, Kalina, St. Cruz (East), Mumbai 400 029, 6. Smt. Clara Claudina Fernandes and her husband, 7. Shri Manoel alias Manuel Fernandes, both major, r/o Triveni Chawl, Room No. 38, Opp. Kalina Bus Stop, Kalina, St. Cruz (East), Mumbai 400 029, and 8. Shri A. D’Cruz, Comarca Judge, Salcete. ... Respondents. - 2 - Shri V. B. Nadkarni, Senior Advocate with Shri Y. V. Nadkarni and Shri J. Cardozo, advocates for the petitioner. Shri M. S. Usgaokar, Senior Advocate with Shri Sudesh Usgaokar and Ms. P. Kamat, advocate for the respondent nos. 1 and 2. Ms. Winnie Coutinho, Government Advocate for the respondent no.8 (absent). CORAM : D. G. KARNIK, J. DATE : 13th April, 2004. ORAL JUDGMENT 1. By this petition, the petitioner prays for quashing and setting aside of the auction proceedings held on 24th March, 1998. 2. The auction proceedings were held in pursuance of an earlier order dated 15th December, 1997, which is at Exh. L to the petition. By an order dated 6th November, 1998, passed Civil Revision Application No.55 of 1998, by consent of the parties, this Court has set aside the said order dated 15th December, 1997. In view of the same, the learned counsel for the parties agree that the auction proceedings held on 24th March, 1998, also need to be quashed and set aside and they are accordingly set aside with the consent of the parties. 3. The parties are at liberty to take all further steps and proceedings before the trial Judge before whom the proceedings are pending. - 3 - 4. Petition disposed of in the abovesaid terms with no order as to costs. D. G. KARNIK, J. mc.