Bombay High CourtAO/48/2016disposed of

Joana Souza. v. Clyde Fernandes And 4 ORS.

2019-07-02Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

APPEAL FROM ORDER NO. 48 OF 2016 JOANA SOUZA.

... Appellant

Versus

CLYDE FERNANDES AND 4 ORS.

... Respondents Mr. Ravi Gawas, Advocate for the Appellant.

Mr. Anthony Joe D'Silva, Advocate for Respondent No. 1. Mr. Tukaram Gawas, Advocate for Respondent Nos. 2, 3, 4 & 5. Coram:- C. V. BHADANG, J.

Date:- 2nd July 2019 P.C.

This is an Appeal filed by the original defendant, challenging the order dated 05.03.2016, passed by the learned Trial Court, restraining the appellant from interfering with the suit premises.

2. Today, the respondent no. 1 has handed over the vacant and peaceful possession of the suit premises to the appellant and respondent nos. 2 to 5, which is acknowledged by the learned Counsel for the appellant and the learned Counsel for the respondent nos. 2 to 5.

3. In such circumstances, the learned Counsel for the appellant, on instructions, seeks leave to withdraw the Appeal.

AO/48/2016

4. The Appeal is disposed off as withdrawn, with no order as to costs. By consent of parties, the suit is expedited. The learned Trial Court shall decide the suit as expeditiously as possible and preferably within a period of one year from the receipt hereof. The parties to co-operate for time bound disposal of the suit.

C. V. BHADANG, J.