Panduronga Timblo Industrias. Rep. By Its Partner, Sarvesh P. Timblo, Rep. By Poa Vishwas Naik. v. Dayavati Dharmu Velip And ANR.,

916-WO-731-17.DOC Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 731 OF 2017 M/s Panduronga Timblo Industrias, Subhash Timblo Bhavan, Isidoro Baptista road, Margao, Salcete, Goa.

represented by its Managing Partner Shri Sarvesh Pramod Timblo, s/o Mr.

Pramod P. Timblo, 33 years of age, married, Businessman, r/o H. No. 97, Timblo House, Aquem, Margao, Goa Represented by his duly constituted Power of Attorney Shri Vishwas Naik ..... Petitioner

Versus

1. Smt. Dayavati Dharmu Velip

2. Mr. Savlo Dharmu Velip, Both r/o House No, not known, Keri, Rivona, Sanguem, Goa.

... Respondents.

Mr R.G. Ramani, Senior Advocate with Mr P. Kakodkar, Advocate for the Petitioner.

Mr M.B. D'Costa, Senior Advocate with Mr. R. Abbas, Advocate for the Respondents.

CORAM :

M. S. SONAK, J.

DATED :

3rd FEBRUARY 2023 ORAL JUDGMENT:- 3rd February 2023

916-WO-731-17.DOC 1.

Heard learned Counsel for the parties. With their consent, this Petition is taken up for disposal.

2.

The challenge in this Petition is to the orders made by the Trial Court and the Appeal Court, declining interim reliefs to the Petitioner.

3.

Now, it is pointed out that the suit in which the orders were made, is at fairly advanced stage. The records indicate that the suit is at the stage of final arguments, after the evidence is concluded. There was no interim relief granted in this Petition. 4.

Accordingly, the interest of justice would be served if this Petition is now disposed of with a direction to the Trial Court to dispose of the main suit as expeditiously as possible. Further, it is made clear that any observations made by the Trial Court, Appeal Court and this Court at the stage of deciding the application for interim reliefs, would not be relevant at the trial on merits. All such observations are only prima facie and subject adduction of evidence and proof at the trial on merits in the suit 5.

With this clarification, this Petition is disposed of. 6.

Misc. Civil Applications, if any, are also disposed of. M. S. SONAK, J.

SANTOSH S MHAMAL 3rd February 2023 SANTOSH S MHAMAL Date: 2023.02.06 13:13:01 +05'30'