Landmark Homes And Estates, Thr. Its Prop., Jose Roque Pinto And 9 ORS., v. Hermenegildo Andrade And 4 ORS.,

7-CA-25-20.DOC vinita

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO.25 OF 2021(FILING) IN STAMP APPLICATION MAIN NO. 3419 OF 2019(F) LANDMARK HOMES AND ESTATES, THR. ITS PROP., JOSE ROQUE PINTO AND 9 ORS., ... Applicants.

Versus

HERMENEGILDO ANDRADE AND 4 ORS.,

...Respondents.

Mr. C. Padgaonkar Advocate for the applicants.

CORAM:

MANISH PITALE, J.

DATED:

25th October, 2021.

P.C.:- 1.

This is an application seeking stay of the decree passed by the trial Court, as confirmed by the Appellate Court during the pendency of the present appeal. 2.

By order dated 21.11.2019, this Court has already admitted the present appeal on three substantial questions of law. Despite service, the contesting respondent nos.1 and 2/original plaintiffs have chosen not appear before this Court.

3.

Considering the fact that in the absence of interim order, the applicants will face a situation of grave irreparable loss as there is every likelihood of decree being executed and possibility of third party rights being 25th October, 2021

7-CA-25-20.DOC created. This Court is inclined to allow the present application.

4.

In view of the above, the application is allowed. Interim relief is granted in terms of prayer clause(a). 5.

Application stands disposed of.

MANISH PITALE, J.

Date: 2021.10.25 14:45:07 +05'30'

VINITA VIKAS NAIK 25th October, 2021