Damodar Narsinva Naik And ANR., v. Maria Monica Pereira E Rodrigues And 11 ORS.,

9 CA 54 OF 2019.ODT Esha

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO. 54 OF 2019 IN SECOND APPEAL NO. 20 OF 2019 WITH SECOND APPEAL NO. 22 OF 2019 DAMODAR NARSINVA NAIK & ANR., VS MARIA MONICA PEREIRA E RODRIGUES AND 11 ORS., ...APPLICANTS ...RESPONDENTS Ms. Rosette Pereira, Advocate for the Applicants. Mr. Shailesh Redkar, Advocate for Respondent Nos. 1 and 2. Mr. Ashish Krishnanath Kuncoliencar, Advocate for Respondent Nos. 13 and 14.

CORAM:

MANISH PITALE, J.

DATED:

26th February 2022.

P.C.:

1.

This is an Application seeking interim stay of the judgment and decree, passed by the Appellate Court. While issuing notice in this Application, ad-interim stay of the impugned judgment and decree was granted on 13.03.2019.

2.

On 01.02.2021, this Court passed an order Admitting the Second Appeal by framing three substantial questions of law. 26th February 2022

9 CA 54 OF 2019.ODT 3.

In view of the fact that this Court has framed substantial questions of law for consideration and the Appeal is already Admitted, the ad-interim order granted by this Court on 13.03.2019, deserves to be confirmed.

4.

Accordingly, the Application is allowed in terms of prayer clause (a), which reads as follows:

(a) The Judgment and Decree dated 12/12/2018, passed by the Court of the District Judge-1, South Goa at Margao in Regular Civil Appeal No.

70/2013 be stayed.

5.

The Civil Application is disposed of.

MANISH PITALE, J.

26th February 2022