Samira Angelica D'Cruz, Rep. By Attorney Ronaldo Leo De Cruz And 2 ORS., v. Julio @ Julias Fernandes, Rep. By Attorney Zarina Fernandes And ANR.,

923-WP-273-15.DOC Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 273 OF 2015 SAMIRA ANGELICA D'CRUZ, REP.

BY ATTORNEY RONALDO LEO DE CRUZ AND 2 ORS.

... Petitioners

Versus

JULIO @ JULIAS FERNANDES, REP.

BY ATTORNEY ZARINA FERNANDES AND ANR.

.... Respondents Ms A. Fernandes, Advocate for the Petitioners. Mr Jagannath J. Mulgaonkar, Advocate for Respondent Nos. 1 and 2.

CORAM:

M. S. SONAK, J.

DATED :

2nd FEBRUARY 2023 P.C.:- 1.

Heard Ms Fernandes for the Petitioner and Mr Mulgaonkar for Respondents No.1 and 2.

2.

The challenge in this Petition is to the interim orders made by the Trial Court and the Appellate Court. Pending this Petition, a stay was granted in terms of prayer clause (b) on 14/7/2016. The record shows that the suit is at fairly advanced stage. Evidence has already commenced. Therefore, at this stage, there is no point in disturbing the interim position which obtain in terms of the 2nd February 2023

923-WP-273-15.DOC order dated 14/7/2016. Instead, the interest of justice will be met if the learned Judge is directed to dispose of Regular Civil Suit No.107/2013/E as expeditiously as possible and in any case, within six months from the parties filing an authenticated copy of this order. The learned Trial Judge will not be influenced by any of the interim orders made by itself, the Appellate Court or the order made by this Court. The suit will be decided based on the evidence that the parties lead and in accord with law and on its own merits.

3.

With the above directions, this Petition is disposed of. Misc. Civil Applications, if any, are also disposed of. 4.

All concerned to act on an authenticated copy of this order. M. S. SONAK, J.

SANTOSH S MHAMAL MHAMAL Date: 2023.02.03 13:26:40 +05'30'

2nd February 2023