Shantaram Surya Gaonkar And 9 ORS., v. Anant Voiro Gaonkar And 2 ORS.,

8-CA-13-18.DOC Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO.13 OF 2018 IN SECOND APPEAL NO. 6 OF 2018 SHANTARAM SURYA GAONKAR AND 9 ORS., ....Applicants.

Versus.

ANANT VOIRO GAONKAR AND 2 ORS., ....RESPONDENTS.

Mr. Parikshit Sawant, Advocate for the Applicants. Mr. R.G. Ramani, Senior Advocate with Mr. Pranav Kakodkar, Advocate for Respondents No.1 & 3. CORAM :

M. S. SONAK, J.

DATE :

29th September 2022 P.C. : - 1.

Heard the learned Counsel for the parties.

2.

Mr. Sawant for the Applicants submits that in the Trial Court, the Respondents-Plaintiffs had applied for a temporary injunction, but the same was rejected. He, therefore, submits that the impugned Decrees ought to be stayed.

29th September 2022

8-CA-13-18.DOC 3.

The record bears out that though the relief of temporary injunction might have been denied to the Respondents (original Plaintffs) by the Trial Court, ultimately, after the evidence was led, the suit was decreed in their favour and the permanent injunction was issued. The First Appellate Court had not granted any stay on such Decree or otherwise protected the present Appellants with any interim relief. Considering the same, no case is made out for grant of any stay on the decrees concurrently made by the two Courts.

4.

Accordingly, the Civil Application for seeking stay/interim relief is, hereby, dismissed.

M. S. SONAK, J.

SANTOSH S MHAMAL SANTOSH S MHAMAL Date: 2022.09.30 10:47:28 +05'30'

29th September 2022