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Bombay High CourtCA/135/2016disposed of

Mrs. Tereza Travasso And ANR. v. Shri. Atchut Gopal Pai Raiturkar (Deceased), Through Legal Heirs And 2 ORS.

2016-07-08F. M. Reis2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO. 135 OF 2016 IN STAMP NUMBER MAIN NO. 3195 OF 2014 MRS. TEREZA TRAVASSO AND ANR.

... Applicant

Versus

SHRI. ATCHUT GOPAL PAI RAITURKAR (DECEASED), THROUGH LEGAL HEIRS AND 2 ORS.

... Respondent Mr. A. D. Bhobe, Advocate for the applicants. Coram:- F. M. REIS, J.

Date:- 8th July, 2016 P.C.:

Mr. Bhobe, learned Counsel appearing for the applicants submits that execution proceedings have already been filed by the respondents and an order has been passed by the Executing Court on 8th June, 2016, directing the applicants to pay the amount or in default the applicants would be subjected to civil imprisonment and, as such, prays for an ad interim stay of the proceedings. But, however, as an application for condonation of delay is filed to prefer a second appeal, it will not be justified to grant any ad interim relief unless the entire decretal amount is deposited in this Court.

2. In such circumstances, Mr. Bhobe, learned Counsel appearing for the applicants, without prejudice to the rights and

CA/135/2016 contentions of the applicants, submits that the applicants would deposit in this Court the entire decretal amount within two weeks from today.

3. Subject to such deposit within two weeks from today in the Registry of this Court, execution of the impugned decree is stayed upto next date. The applicants to act on duly authenticated copy of this order.

F. M. REIS, J.

ssm.