Bombay High CourtWP/850/2019disposed of

Celina Velho E Almeida, Thr. Her Const. Attorney, Gina Maria Almeida., v. Jose Aleixo De Vieira Velho (Dec) Thr. Its Lrs.,

2020-10-21Hon'Ble Shri Justice Dama Seshadri Naidu2 pages

wp no.850-2019

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.850 OF 2019 Celina Velho e Almeida ... Petitioner

Versus

Jose Aleixo De Vieira Velho (dec.) through LR's ... Respondents Shri Pavithran A.V., Advocate for the Petitioner. Shri C. Padgaonkar, Advocate for the Respondents. Coram:- DAMA SESHADRI NAIDU, J.

Date:- 21 October 2020 ORAL ORDER :

Today, I disposed of an identical matter between the same parties but arising out of another civil suit. That is, the parties are the same, so are the issues. The only difference is that in Writ Petition No.803/2019, the order was on the merits; in this case the order is technical. The trial Court refused to pass orders on merits because the petitioner failed to supply a copy of the proceedings to the respondents' counsel.

2. I have two options open before me. One is to hear this matter on the merits, set aside the impugned order, and remand the matter to the trial Court, so that it can pass orders on the merits. The second option is to apply the order this Court passed earlier in Writ Petition No.803 of 2019 because every other thing is identical. Now both counsel agree that this Court may dispose of this Writ Petition with the direction given in Writ Petition No.803/2019, for that direction applies to this case, too.

wp no.850-2019

3. I, accordingly, direct and dispose of this Writ Petition. The petitioner is free to produce the documents but not the report. DAMA SESHADRI NAIDU, J.