Mrs. Vasundhara Prabhakar Naik (Expired) Through Her Legal Representative Mr. Anil Prabhakar Naik. v. Smt. Lourdin D'Silva And 8 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 234 OF 2015 MRS. VASUNDHARA PRABHAKAR NAIK (EXPIRED) THROUGH HER LEGAL REPRESENTATIVE MR. ANIL PRABHAKAR NAIK.

... Petitioner

Versus

SMT. LOURDIN D'SILVA AND 8 ORS., ... Respondents Mr. R. Rivankar, Advocate for the petitioner. Mr. Joaquim Godinho, Advocate for respondent no.1. Coram:- M. S. SONAK, J.

Date:- 10th April, 2017 P.C.

Heard Mr. Rivankar, for the petitioner and Mr. Godinho, for respondent no.1.

2. In this case, both, the learned Trial Judge as well as the Appeal Judge, have concurrently recorded that the respondents i.e. defendants in the suit, have stated that they have no intention to carry on any new construction in the suit property. In the light of such statements, which have been recorded by both, the learned Trial Judge as well as the Appeal Judge, both the Courts are quite justified in noting that the apprehension expressed by the petitioner in his application, seeking interim relief, cannot be said to be real. It is on this ground, the interim relief restraining the respondents from carrying on any new construction in the suit property, has been denied.

3. Besides, it appears that certain substantive proceedings are

WP/234/2015 already pending between the parties.

4. For the aforesaid reasons, there is no necessity to entertain the present petition. The petition is, accordingly, dismissed. There shall be no order as to costs.

M. S. SONAK, J.

SMA