Ana Artemesia Teles @ Anita Mendonca, Thr. Her Poa, Michael Mendonca., v. Jose Claudio Teles And ANR.,

2-AO-36-19.DOC Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

APPEAL FROM ORDER NO. 36 OF 2019 ANA ARTEMESIA TELES @ ANITA MENDONCA, THR. HER POA, MICHAEL MENDONCA., ....APPELLANT.

Versus.

JOSE CLAUDIO TELES AND ANR., ....RESPONDENTS.

Mr. U.R. Timble, with Ms. Yadika Mandrekar, Advocates for the Appellant.

Mr. Rohit Bras de Sa, with Ms. G. Fernandes, Advocates for the Respondents.

CORAM :

M. S. SONAK, J.

DATE :

th June 2022 ORAL ORDER: - 1.

Heard Mr.U.R. Timble for the Appellant and Mr. Rohit Bras de Sa for the Respondents.

2.

The challenge in this Appeal is to the order dated 28 th January, 2019 made by the Trial Court, dismissing the Appellant's application for temporary injunction to restrain the Respondents from selling or creating any third party rights in the suit property. 9th June 2022

2-AO-36-19.DOC 3.

Mr. Timble, learned Counsel for the Appellant, on instructions, submits that the Appellant would be satisfied if directions are issued to disclose to any purchaser or the prospective purchaser the factum of the pendency of Special Civil Suit No.13/2016/B at the time of the sale of the said property. 4.

Mr. D'Sa, learned Counsel for the Respondents, on instructions, submits that the disclosure about the pendency of Special Civil Suit No. 13/2016/B will be made by the Respondents to any purchaser or the prospective purchaser. He states that such a disclosure will be made in writing. 5.

Statement made by Mr. D'Sa on instructions, is accepted as a statement made to this Court. The Respondents will have to act consistent with this statement.

6.

By recording the aforesaid statement, this Appeal is disposed of. There shall be no order for costs. M. S. SONAK, J.

Date: 2022.06.10 10:17:49 +05'30'

SANTOSH S MHAMAL 9th June 2022