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Bombay High CourtAO/3/2017disposed of

Mary Paul Coelho, Rep. By Att. Simon Mathew Pereira And ANR., v. Annie Wincent Rodrigues And 2 ORS.,

2018-10-06Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

APPEAL FROM ORDER NO. 3 OF 2017 MARY PAUL COELHO, REP. BY ATT.

SIMON MATHEW PEREIRA AND ANR., ... Appellants

Versus

ANNIE WINCENT RODRIGUES AND 2 ORS., ... Respondents Shri Ashwin D. Bhobe, Advocate for the Appellants. Coram:- C. V. BHADANG, J.

Date:- 6th October 2018 P.C.

Heard Shri Bhobe, the learned Counsel for the appellants.

2. The appellants are the original plaintiffs. The application for temporary injunction filed by the appellants has been dismissed by the learned Trial Court, which order is subject matter of challenge in this appeal.

3. The respondents could not be served, inspite of several attempts. In any event, Special Civil Suit No. 2/2015, wherein the impugned order was passed is fixed for final argument on 12.10.2018. In view of the fact that the main suit itself is at an advance stage of trial and which can be disposed of on merits, I do not find any reason to interfere with the impugned order passed. In such circumstances, the Appeal From Order is

AO/3/2017 disposed of. Needless to mention that the learned Trial Court shall decide the suit on its own merits and without being influenced by the observations made in the impugned order. C. V. BHADANG, J.

EV