Meena Nagvenkar., v. Vandana Shirodkar And 3 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 700 OF 2018 MEENA NAGVENKAR., ... Petitioner

Versus

VANDANA SHIRODKAR AND 3 ORS., ... Respondents Mr. Nigel Da Costa Frias, Advocate for the Petitioner. Mr Amit Palekar, Advocate for the Respondent no.1. Mr. Vibhav Rajiv Amonkar, Advocate for the Respondent nos.2(i) to 2(iv), 2(vi) 2(vii) and 3.

Coram:- C. V. BHADANG, J.

Date:- 28th February 2019 P.C.

By this petition, the petitioner/plaintiff is seeking a mandatory injunction at the interim stage in a suit filed under Section 6 of the Specific Relief Act. The suit is filed in the year 2017 and the pleadings of the parties are complete. The impugned order is passed on 20.04.2018 that is close to one year now.

2. Having regard to the overall circumstances and particularly having regard to the fact that the mandatory injunction is sought at the interim stage in the suit under Section 6 of the Specific Relief Act, I am not inclined to interfere with the impugned order. However, the contesting respondents shall not create any third party interest in the suit property without prior intimation

WP/700/2018 to the Trial Court.

3. Liberty to the petitioner to apply for appropriate relief before the Trial Court on such an intimation being furnished by the respondents.

4. The Writ Petition is disposed off in the aforesaid terms with no order as to costs. Rival contentions of the parties are left open. The Trial Court to hear and decide the suit as expeditiously as possible in compliance with the mandate of Section 20(C) of the Specific Relief Act.

C. V. BHADANG, J.

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