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Bombay High CourtCA/76/2019disposed of

Maria Wolfango D'Silva (Dec) Through Lr., Antonio S. C. Pereira., v. Mariano Fernandes (Dec) Through Lrs. And 5 ORS.,

2019-06-18Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO. 76 OF 2019 IN WRIT PETITION NO. 665 OF 2010 MARIA WOLFANGO D'SILVA (DEC) THROUGH LR., ANTONIO S. C.

PEREIRA., ... Applicant

Versus

MARIANO FERNANDES (DEC) THROUGH LRS. AND 5 ORS., ... Respondents Adv. Dhaval Damodar Zaveri for the Applicant. Ms. A. Agni, Senior Advocate with Adv. Ms. Jay Sawaikar for Respondent nos. 1,2 & 3.

Coram:- C. V. BHADANG, J.

Date:- 18th June 2019 P.C.:

This is an application for interim relief restraining the respondent nos.1(a) to 1(g) or anybody on their behalf from carrying out any construction activity or changing the nature of the suit property, in any manner whatsoever, during the pendency of the petition.

2. Ms. Agni, the learned Senior Counsel for the respondent nos.1(a) to 1(g) points out that in the reply filed to the application, the respondents have made it clear that they have no intention and are not attempting to effect any construction or to

CA/76/2019 change the nature of the suit property. I find that this statement made on behalf of the contesting respondents sufficiently takes care of the apprehension of the applicant. Thus subject to the said statement made on behalf of the respondent nos.1(a) to 1(g), the civil application is disposed off. The writ petition to be added to the final hearing board, if it is otherwise ready. C. V. BHADANG, J.

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