Tarachandra Savlo Naik v. Subhash Pundalik Naik And ANR

2024:BHC-GOA:1767 AO 17 of 2021 Esha

IN THE HIGH COURT OF BOMBAY AT GOA

APPEAL FROM ORDER NO.17 OF 2021 TARACHANDRA SAVLO NAIK ... APPELLANT

Versus

SUBHASH PUNDALIK NAIK AND ANR ... RESPONDENTS Mr. Sarvesh Kamat Malyeker, Advocate for the Appellant. Mr. Abhay Nachinolkar with Mr. Siddhant K. Dhakankar, Advocates for Respondent No. 1.

CORAM:- BHARAT P. DESHPANDE, J.

DATED :- 16th October, 2024 P.C.

After hearing the matter for some time, Mr. Malyeker submits that the purpose would be served if Respondent No. 1 undertakes that he will not create any third party interest in the suit property.

2. The matter was posted today only for Mr. Nachinolkar to take necessary instructions. Today, Mr. Nachinolkar on instructions from Respondent No. 1 would submit that Respondent No. 1 is ready and willing to file an affidavit before the learned Trial Court disclosing that he will not create any third party interest till the disposal of the suit.

3. Mr. Malyeker submits that if such an affidavit will be filed then the present Appeal could be disposed of.

16th October, 2024

AO 17 of 2021

4. Since the undertaking will be filed before the Trial Court in the form of an affidavit within a period of 15 days from today or on the next date fixed before the Trial Court, whichever is earlier, the purpose for filing the injunction Application would be served.

5. Accordingly, the statement of Mr. Nachinolkar is accepted. Respondent No. 1 shall file the undertaking in the form of an affidavit before the Trial Court within the period as stipulated above.

6. In view of the above statement, the present Appeal from Order stands disposed of.

BHARAT P. DESHPANDE, J.

Signed by: ESHA SAINATH VAIGANKAR Designation: Personal Assistant Date: 16/10/2024 17:06:49 16th October, 2024