Mr. Faraidoon Aspendiar Oshtori, Thr. Poa Mr.Farhang Khodayar Ataie And 3 ORS., v. Mr. Kaikhosrow Aspendiar Oshtori And 2 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO. 132 OF 2015 IN FIRST APPEAL NO. 66 OF 2015 MR. FARAIDOON ASPENDIAR OSHTORI, THR. POA MR.FARHANG KHODAYAR ATAIE AND 3 ORS., ... Applicants

Versus

MR. KAIKHOSROW ASPENDIAR OSHTORI AND 2 ORS., ... Respondents Mr. Sudesh Usgaonkar, Advocate for the applicants. None for the respondents.

Coram:- F. M. REIS & K. L. WADANE, JJ.

Date:- 15th September, 2015 P.C.:

Heard Mr. Sudesh Usgaonkar, learned Counsel appearing for the applicants. The respondents, though served and filed their reply, have failed to remain present. An opportunity was given to remain present, but, however, none appears on behalf of the respondents. The first appeal has already been admitted.

2. The only relief sought by the applicants is for an order of temporary injunction to restrain the respondents to alienate or create any third party rights in respect of the suit property, during the pendency of the appeal. Mr. Usgaonkar, learned Counsel appearing for the applicants has also pointed out that by consent, there was an

CA/132/2015 order in operation to that effect during the pendency of the proceedings.

3. In the peculiar facts and circumstances of the case, until further orders, the respondents shall not alienate or create any third party rights in respect of the disputed property. Liberty to the respondents to apply.

4. The application stands disposed of. K. L. WADANE, J.

F. M. REIS, J.

ssm.