Mrs. Maria Rosa Joanita Cruz E Costa Fernandes And ANR. v. Mr. Alberto Vas And 51 ORS.

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO. 155 OF 2013 IN FIRST APPEAL NO. 105 OF 2013 MRS. MARIA ROSA JOANITA CRUZ E COSTA FERNANDES AND ANR.

... Applicant

Versus

MR. ALBERTO VAS AND 51 ORS.

... Respondent Mr. Valmiki Menezes, Advocate for the applicants. Mr. S. S. Kakodkar, Advocate for the respondents No.2 to 6, 13 to 16, 21 and 22.

Mr. S. Dhargalkar, Additional Govt. Advocate for the respondent No. 24.

Coram:- F. M. REIS, J.

Date:- 14th January, 2016 P.C.:

Heard Mr. V. Menezes, learned Counsel appearing for the applicants, Mr. S.S. Kakodkar, learned Counsel appearing for the respondents No.2 to 6, 13 to 16, 21 and 22 and Mr. S. Dhargalkar, learned Additional Govt. Advocate for the respondent No.24.

2. This is an application for stay of the operation of the impugned Judgment and Decree dated 16/03/2013 of the District Court, Margao. It is pointed out by Mr. V. Menezes, learned Counsel appearing for the applicants that the respondents be restrained from putting up any construction in the disputed portion of the property admeasuring 250 sq. metres bearing Chalta No.169 of P.T. Sheet

CA/155/2013 No.207 of City Survey Margao.

3. Mr. S. S. Kakodkar, learned Counsel appearing for the respondents No.2 to 6, 13 to 16, 21 and 22, upon instructions, states that without prejudice to the rights and contentions of the respondents No.2 to 6, 13 to 16, 21 and 22, during the pendency of the appeal the respondents will not put up any construction in the said disputed property, without seeking permission of this Court. The statement made by Mr. Kakodkar is accepted. Based on the said statement, the application stands disposed of.

F. M. REIS, J.

ssm.