1 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 91/2008 1. Dr. Giblo Morto Naik Gaonkar, son of Morto Giblo Naik Gaonkar, Budhasheth Apartments, Tonca, Caranzalem, Goa. 2. Mr. Manju Naik Dessai, son of Pandu Naik Dessai, residing opposite Housing Board Office, Housing Board Colony, Porvorim, Bardez, Goa. 3. Mr. Krishnarao Bhiku Gaonkar, son of Bhiku Yesso Gaonkar, resident of Vijay Nagar Colony near Industrial Estate, Corlim, Tiswadi, Goa. 4. Mr. Mahendra Shivram Dessai, son of Shivram Fondo Dessai, residing at Palolem, Canacona, Goa. 5. Mr. Rajendra Datta Naik Dessai, son of Datta Naik Dessai, residing opposite Housing Board Office, residing at Palolem, Canacona, Goa. 6. Mr. Ramdas Apa Mazalkar, son of Apa Mazalkar, residing at Kurtarkar Nagar, Forest Colony, Shanti Nagar, Ponda, Goa. .......... Petitioners. V/s. Kisnaraj Vithal Gaonkar, 61 years of age, residing at 2 Rego Bagh, Bambolim Complex, Tiswadi, Goa. .......... Respondent. Mr. M. S. Usgaonkar, Senior Advocate with Ms. Amira Razaq, Advocate for the petitioners. Mr. Valmiki Menezes, Advocate for the Respondent. CORAM : S.A. BOBDE, J. DATE : 18th April, 2008 ORAL JUDGMENT : Rule, returnable forthwith. Heard by consent. 2. There is no reason why the learned Civil Judge, Jr. Division, Panaji ought not to have disposed of the suit under Order XV of the Code of Civil Procedure. It is obvious from the stand of the defendants that they have withdrawn the notice which was challenged by the respondent-plaintiff. Obviously, therefore, Order XV, Rule 1 would apply. 3. In the circumstances, the order of the trial Court is set aside and the trial Court is directed to pronounce the judgment in accordance with Order XV, Rule 1 of the Code of Civil Procedure, at the earliest. Rule disposed of accordingly. S.A. BOBDE, J. ssm.