Bombay High CourtCA/66/2019disposed of

Town Country Real Estates Pvt. Ltd., Rep. By Its Director, Justiniano Da Costa., v. Lucas Dos Remedios.,

2019-06-25Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO. 66 OF 2019 IN APPEAL FROM ORDER NO. 3 OF 2019 TOWN COUNTRY REAL ESTATES PVT.

LTD., REP. BY ITS DIRECTOR, JUSTINIANO DA COSTA., ... Applicant

Versus

LUCAS DOS REMEDIOS., ... Respondent Mr. J. Coelho Pereira, Senior Advocate with Mr. Vilas Pavithran, Advocate for the Applicant.

Mr. Nigel Costa Frias, Advocate for the Respondent. Coram:- C. V. BHADANG, J.

Date:- 25th June 2019 P.C.

This civil application is for seeking injunction in an Appeal challenging the order passed by the learned Trial Court, by which, the application for temporary injunction, filed by the petitioner, has been dismissed.

2. The record discloses that a statement was recorded on behalf of the respondent on 26.04.2019 to the effect that the respondent shall not undertake any construction in the suit property.

3. Mr. Costa Frias, the learned Counsel for the respondent submits that the respondent is willing to abide by the said

CA/66/2019 statement, during the pendency of the Appeal.

4. The learned Counsel for the parties jointly request that the Appeal itself may be expedited and heard finally.

5. In such circumstances, the civil application is disposed of, subject to the statement on behalf of the respondent that the respondent shall not carry out any construction in the suit property, during the pendency of the Appeal.

6. Appeal From Order No. 3/2019 is hereby expedited, by consent of parties.

C. V. BHADANG, J.