Shri Agostinho Da Costa And 7 ORS., v. Shri. Antonio Santan Fernandes And ANR.,

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO. 149 OF 2015 IN CROSS OBJECTION NO. 3 OF 2015 SHRI AGOSTINHO DA COSTA AND 7 ORS., ... Applicants

Versus

SHRI. ANTONIO SANTAN FERNANDES AND ANR., ... Respondents Mr. Vivek Angelo Rodrigues, Advocate for the applicants. Ms. Ashwini Agni, Senior Advocate with Ms. K.Govekar for the Respondents.

Coram:- C. V. BHADANG, J.

Date:- 10th August, 2015 P.C.:

Heard Mr. V. Rodrigues, the learned counsel for the applicants and Mrs. Agni, the learned Senior Counsel for the respondents.

2. Mr. Rodrigues, the learned counsel for the applicants submits that at present the applicants have no intention to carry out any repairs and/or alterations and they would seek permission of the Court in the event any of such alteration/repairs are necessary. In that view of the matter, Shri Rodrigues, on instructions does not press for prayer clause (b) of the application.

3. By the prayer clause (a) the applicant is seeking stay of a direction to demolish the cemented pillars on which, the front portion (eaves drop) of the house bearing no.67(1) is resting and to restore

CA/149/2015 the same with wooden poles. The appeal is already admitted.

4. In such circumstances, the application is allowed in terms of prayer clause (a). The prayer clause (b) is rejected, subject to the liberty to the applicants to approach this Court for permission in the event of carrying out any repairs/alterations.

5. The civil application is disposed of in the aforesaid terms. C. V. BHADANG, J.

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