BLASCO MONTEIRO Vs. CAETANO ROSARIO LUIS

JUDGEMENT

(1.) HEARD Shri Nigel Da Costa Frias, learned Counsel appearing for the petitioner and Shri C.A. Coutinho, learned Counsel appearing for respondent no.3.

(2.) SHRI Nigel Da Costa Frias, learned Counsel appearing for the petitioner seeks leave to delete names of respondents nos.1,2 and 4 to 14, as according to him the impugned order has been passed at the instance of respondent no.3. Leave granted. Respondents Nos.1,2 and 4 to 14 stand deleted. Amendment to be carried out forthwith.

(3.) THE short point in controversy in the above petition is that the impugned order was passed without giving adequate opportunity to the petitioner of being heard on the application for ad interim relief filed by the petitioner in the appeal pending before the learned Additional District Judge. THE said order was passed at the instance of respondent no.3 herein who had prayed inter alia in the application that the application for interim reliefs be heard irrespective of whether respondents nos.6 & 7 are served or not. Considering the said aspect, it was not proper for the learned Judge to vacate the order without hearing the petitioner.