(1.) THE Division Bench presided over by Hon'ble the Chief Justice by order dated January 15, 2004 passed in the present Letters Patent Appeal observed that the decision of the Division Bench of this court (Goa Bench) in Shri Chandreshwar bhuthanath Devasthan of Paroda v. Subiraj prabhakar Naik and ors. , 2003 Vol 105 (2), Bombay Law reporter, 915 deserves reconsideration.
(2.) THE present Letters Patent Appeal presented on january 6, 2004 is directed against the order dated december 18, 2003 passed by the learned Single judge summarily dismissing the First Appeal arising out of the suit for possession filed on September 9, 1992.
(3.) IN Chandreshwar Bhuthanath the Division Bench of this court (Goa Bench) held that section 100a as substituted by the Code of Civil Procedure (Amendment) Act, 2002 shall have retrospective effect and summarised its reasoning thus: