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Bombay High CourtAO/3/2014dismissed

M/S. Queeny Realty Pvt. Ltd. Rep. By Managing Director Shri. Agnelo Alcasoas., v. Shri. Jose Bernardo Lucas Noronha Rep. By Attorney Smt. Opelia Mesquita And 19 ORS.,

2015-04-29Hon'Ble Shri Justice M. S. Sanklecha2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

APPEAL FROM ORDER NO. 3 OF 2014 M/S. QUEENY REALTY PVT. LTD. REP.

BY MANAGING DIRECTOR SHRI. AGNELO ALCASOAS., ... Appellant

Versus

SHRI. JOSE BERNARDO LUCAS NORONHA REP. BY ATTORNEY SMT. OPELIA MESQUITA AND 19 ORS., ... Respondents Mr. C. A. Coutinho, Advocate for the appellant. Mr. Laxman V. Assoldekar, Advocate for the respondent no.1. Coram:- M. S. SANKLECHA, J.

Date:- 29th April, 2015 P.C.

This is an appeal from order dated 26/03/2012, granting temporary injunction to the appellant-defendant, restraining it or any person acting on its behalf from carrying out any construction in the suit property or changing the nature of the suit property.

2. Mr. Coutinho, the learned Counsel for the appellant-defendant states that the impugned order dated 26/03/2012 is an interim order and the suit has now reached the stage of evidence. Thus, the appellant is not keen in pursuing this appeal, however he submits that if the Trial Court is directed to dispose of pending suit expeditiously, it would meet the ends of justice.

3. Mr. Asoldekar, the learned Counsel for the respondent no.1 has no objection to the same.

4. In view of the above, the Trial Court is directed to dispose of

AO/3/2014 the pending suit as expeditiously as possible and preferably within eight months from today.

5. The appeal is dismissed as withdrawn, with the above directions.

M. S. SANKLECHA, J.

SMA