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Bombay High CourtCA/168/2015disposed of

Mr. Julio Francis Pacheco And ANR., v. Mr. Pedro B Pacheco @ Peter Pacheco And ANR.,

2016-07-22F. M. Reis2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO. 168 OF 2015 IN SECOND APPEAL NO. 66 OF 2015 MR. JULIO FRANCIS PACHECO AND ANR., ... Applicants

Versus

MR. PEDRO B PACHECO @ PETER PACHECO AND ANR., ... Respondents Mr. S. D. Lotlikar, Senior Advocate with Ms. A. Kamat, Advocate for the Applicants.

Mr. U. R. Timble and Ms. Y. Mandrekar, Advocate for the Respondents.

Coram:- F. M. REIS, J.

Date:- 22nd July, 2016 P.C.

Heard.

2. This is an application for stay of the operation of the impugned Judgment whereby the Respondents have been directed to vacate from the suit house. The Appeal has already been admitted.

3. Considering that both the Courts below have come to the conclusion that the suit property belongs to the Respondents, the operation of the impugned Judgment and Decree dated 14.03.2014 is stayed subject to the Applicants depositing in this Court Rs.3,000/- per month from the month of July 2016. Such amount shall be

CA/168/2015 deposited in advance every three months until the disposal of the above Appeal. The amount so deposited shall be subject to the Orders in the above Appeal. The first deposit for three months shall be deposited within one month from today.

4. The amount so deposited shall be invested in fixed deposit of any Nationalised Bank initially for a period of one year and such deposit shall be renewed from time to time until disposal of the Appeal on merits.

5. Application stands disposed of accordingly. F. M. REIS, J.

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