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Bombay High CourtCA/131/2017disposed of

Mrs. Lyra C. Vaidya Nee Rodrigues., v. Vida Calma Homes Pvt. Ltd., Rep By Its Managing Director, Mr. Roy Patrao.,

2017-11-01Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO.188 of 2017 in FIRST APPEAL NO.106 of 2017 AND CIVIL APPLICATION NO. 131 OF 2017 in STAMP NUMBER MAIN NO.2572 of 2014 CIVIL APPLICATION NO.188 of 2017 in FIRST APPEAL NO.106 of 2017 Vida Calma Homes Pvt Ltd Rep by its Managing Director Mr. Roy Patrao ...

Applicant

Versus

Mrs. Lyra C. Vaidya nee Rodrigues ...

Respondent Mr. A. D. Bhobe and Ms. S. Bhobe, Advocates for the applicant. Ms. I. Sayed, Advocate for the respondent.

AND CIVIL APPLICATION NO. 131 OF 2017 in STAMP NUMBER MAIN NO.2572 of 2014 Mrs. Lyra C. Vaidya Nee Rodrigues ..

Applicant Vs.

Vida Calma Homes Pvt Ltd Rep by its Managing Director Mr. Roy Patrao ..

Respondent Ms. I. Sayed, Advocate for the applicant.

Mr. A. D. Bhobe and Ms. S. Bhobe, Advocates for the respondent. Coram :- C. V. BHADANG, J.

Date :- 1 st November, 2017

P.C.

Heard the learned Counsel for the parties.

2.

First Appeal No.106/2017 challenging the judgment and decree dated 26/03/2013, passed in Special Civil Suit No.149/2008/B has already been admitted. By the impugned decree, the learned Trial Court has declared the Gift Deed dated 01/10/1974, Sale Deeds dated 20/05/1984 and 27/04/2007 as null and void. The appellant in the First Appeal, who is the original defendant no.5, has been restrained from creating third party interest in the suit property. The appellant is seeking stay of the impugned judgment and decree vide Civil Application No.188/2017, the respondent no.1, vide Civil Application No.131/2017 is seeking an order restraining the appellant (defendant no.5) from creating third party interest. In fact, similar order has already been passed by the learned Trial Court.

Be that as it may, considering the fact that the First Appeal is already admitted and on hearing the parties, Civil Application No.188/2017 is allowed in terms of prayer clause (a). Both the parties are directed to maintain status-quo and shall not create any third party interest in the suit property. C. A.No.131/2017 is accordingly disposed off.

C. V. BHADANG, J.

SMA