JUDGMENT :

VIKRAM NATH, J.

1. Leave granted.

2. This is defendant’s appeal assailing the correctness of the order dated 16.07.2019 passed by Justice Prithviraj K. Chavan, rejecting the Misc. Civil Application No. 526 of 2019 in Civil Application (Review) No. 7 of 2019. The order reads as under:

“Heard Mr. M. Amonkar, learned Advocate for the applicant.

2. In view of the clause (3) of Chapter 13 of the Bombay High Court Appellate Side Rules prayer (a) of the application cannot be granted.

3. Mr. N. Fernandes, learned Counsel submits that matter be placed after 5th October, 2019.

4. At his request, stand over to 07.10.2019.”

3. A bare reading of the impugned order extracted above would raise a hundred doubts in the mind as to why this petition has been filed. However trivial, we may consider the issue at hand, but considering the seriousness and the length of arguments advanced by the learned Senior Counsels, we were compelled to reserve the judgment and give a serious thought to the issue.

FACTS

4. The respondent instituted a suit on 11.01.1985 for declaration and permanent injunction registered as Regular Suit No. 21 of 1985 in the court of Civil Judge, Junior Division, at Margao titled