Shri. C. Mohiddin ( Deceased Thr. L. R.S ) v. Mr. Hayad Sab Bepari ( Since Deceased Thr. Lr'S )

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 529 OF 2014 SHRI. C. MOHIDDIN ( DECEASED THR.

L. R.S ) ... Petitioner

Versus

MR. HAYAD SAB BEPARI ( SINCE DECEASED THR. LR'S ) ... Respondent Mr. Sudin Manohar Usgaonkar, Advocate for the Petitioner. Mr. Ryan Da Piedade Menezes and Mr. Tarzan D'Costa, Advocates for the Respondents No. 1 to 4 and 7 to 10.

Coram:- N. M. JAMDAR, J.

Date:- 12th February, 2015 P.C:

Heard the learned Counsel for the parties. The learned Counsel for the parties on instruction from their clients, who are present before the Court state that the petition be disposed off on following terms and no reasons in support thereof be given as proceedings are still pending before the Court below.

2. Accordingly, the petition is disposed of as under:- (a) The impugned order dated 20.03.2014 passed by the learned District Judge-2, South Goa, Margao and the order dated 17.01.2003 passed by the Rent Controller, Margao are quashed and set aside.

WP/529/2014 (b) All the contentions raised by all the parties in these proceedings are kept open and to be adjudicated in Rent Application No. 185/2014/D on their own merits, irrespective of the finding recorded in the present proceeding.

3. Considering the fact that the proceedings are pending since 1980, the learned Civil Judge Junior Division, Margao will dispose of the proceedings expeditiously, preferably within a period of one year from today.

4. Writ Petition stands disposed off in above terms. N. M. JAMDAR, J.

EV