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Judgment
On 14/09/2015, a notice for final disposal was issued in this case. I have accordingly heard Shri Bhobe, the learned Counsel for the petitioners and Shri Pangam, the learned Counsel for the respondent nos.1(a), 1(c) and 1(d). None appears for the rest of the respondents.
On hearing the learned Counsel for the parties, the petition is being disposed of finally.
The challenge in this petition is to the orders dated 03/03/2015 and 02/07/2015, by which, the learned Trial Court has dismissed the applications Exhs.D-57 and D-78, thereby refusing to await the decision of the tenancy issue. At the relevant time, when these applications were made, admittedly in view of amendment to the Goa Agricultural Tenancy Act, 1964 (the Act, for short), the tenancy issue was pending before the learned Civil Court. On account of subsequent amendment, which came into force on 31/08/2017, the jurisdiction has again been transferred to the learned Mamlatdar. Thus, now the tenancy issue would no longer be decided by the learned Civil Court.
In view of the subsequent development, I find it appropriate to grant liberty to the petitioners to file an appropriate application for stay of the suit, (awaiting the decision in the tenancy reference.) In that view of the matter, the impugned order is hereby set aside. It will be open to the petitioners to file an appropriate application, seeking stay of the suit, awaiting decision in tenancy reference. If such an application is filed, the learned Trial Court shall decide the same, after hearing the parties in accordance with law. The petition is disposed of in the aforesaid terms, with no order as to costs.