Maria Ligorio Tavares (Dec) And 4 ORS., v. Vidyadhar Kerkar And ANR.,

911 CA-37-2020.DOC Meena

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO. 37 OF 2020 IN SECOND APPEAL NO. 62 OF 2014 MARIA LIGORIO TAVARES (DEC) AND 4 ORS.

...Applicants VS VIDYADHAR KERKAR AND ANR.

...Respondents

Ms. Divya Shirgam, Advocate for the applicants. Ms. N. Sawant, Advocate for respondent No.1.

CORAM:

MANISH PITALE, J DATED:

9th December, 2021 P.C.

1.

This is an application seeking a stay of the execution of the impugned Judgment and Decree. The present application has been necessitated in the light of the fact that the respondents appeared to be pressing for execution even during the pendency of the Second Appeal, which was admitted by this Court.

2.

The present application is opposed on behalf of respondent No.1.

9th December, 2021

911 CA-37-2020.DOC 3.

Considering the fact that the appeal is already admitted and to be heard on substantial questions of law, it would be in the interest of justice that the impugned Judgment and Decree is stayed subject to imposing appropriate conditions on the applicants. 4.

In view of the above, the application is allowed. 5.

The impugned Judgment and Decree dated 19/03/2014 passed by the District Judge -2, Panaji is stayed, subject to the applicants depositing an amount of Rs.14,50,000/- in this Court within a period of three weeks from today.

6.

The application stands disposed of in the above terms. MANISH PITALE, J.

MEENA VISHAL BHOIR Date: 2021.12.10 11:08:55 +05'30'

MEENA VISHAL BHOIR 9th December, 2021