Hermenegildo Andrade And ANR v. Landmark Homes And Estates, Thr. Its Prop. Jose Roque Pinto And 6 ORS

7-MCA-88-2022.DOC Suchitra

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO.88/2022 IN CIVIL APPLICATION NO.25/2020 HERMENEGILDO ANDRADE AND ANR.

... APPLICANTS

Versus

LANDMARK HOMES AND ESTATES, THR. ITS PROP. JOSE ROQUE PINTO AND 6 ORS.

... RESPONDENTS Ms. Seoula Avilia Vas, Advocate for the Applicants. Mr. C. Padgaonkar with Ms. Pallavi Shirodkar, Advocates for the Respondents.

CORAM:

M. S. SONAK, J.

DATED:

19th January 2023 P.C.:

1.

Heard Ms Vas for the applicants (original respondents no.1 and 2) and Mr Padgaonkar for the respondents (original appellants) in this civil application.

2.

By order dated 25.10.2021 interim relief was granted in favour of the original appellants. At that stage, the present applicants were served but were neither present nor represented. 19th January 2023

7-MCA-88-2022.DOC 3.

Today, Ms Vas points out that the absence of the applicants or the advocates was for medical reasons. In the application, medical details have been set out and the same are backed by copies of medical certificates.

4.

Considering these facts, the order dated 25.10.2021 is modified. It is directed that the said order will now be made as an ad interim order.

5.

With the above modification, the applicants will have an effective opportunity to oppose the confirmation of the ad interim relief which was granted in the absence of the applicants. 6.

Misc. Civil Application No.88/22 is disposed of in the above terms.

M. S. SONAK, J.

SUCHITRA NANDAN SINGBAL SUCHITRA NANDAN SINGBAL Date: 2023.01.21 12:57:25 +05'30'

19th January 2023