Shri Isidorio J.F. Da Cruz And ANR., v. Maria L.B. Cosme Damiao Jorge And ANR.,

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 643 OF 2012 SHRI ISIDORIO J.F. DA CRUZ AND ANR., ... Petitioners

Versus

MARIA L.B. COSME DAMIAO JORGE AND ANR., ... Respondents Mr. Ashwin D. Bhobe, Advocate for the Petitioners. Mr. Shambhu S. Kakodkar, Advocate for the Respondent No. 2. Coram:- M. S. SONAK, J.

Date:- 3rd May, 2017 P.C:

Heard Mr. Bhobe for the petitioners and Mr. Kakodkar for the respondent no. 2.

2. Mr. Bhobe, learned Counsel for the petitioners fairly points out that the petitioner no. 1 and respondent no. 1, have both expired. This subsequent development is likely to have an impact upon the rights claimed by the respondent no. 2.

3. In any case, the challenge in this petition is to the orders by which, interim reliefs were granted in favour of the respondent nos. 1 and 2. The suit in which such interim reliefs came to be granted, is of the year 2011. Therefore, it is expected that the suit must be at an advanced stage.

WP/643/2012

4. In such circumstances, it would be appropriate if, this petition is disposed of with a direction to the learned Civil Judge to dispose of the suit itself, on its own merits and in accordance with law, without, in any manner, being influenced by any observations made in the impugned orders or the circumstance that the impugned orders are not being interfered by this Court, at this stage.

5. Accordingly, directions as aforesaid, are hereby issued and this petition is disposed of.

6. All concerned to act on the basis of the authenticated copy of this order.

M. S. SONAK, J.

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