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Bombay High CourtAO/41/2015allowed

Brenda Nazareth Menezes And 3 ORS., v. Andre De Menezes And 4 ORS.,

2015-08-24Hon'Ble Shri Justice C. V. Bhadang1 pages

IN THE HIGH COURT OF BOMBAY AT GOA

APPEAL FROM ORDER NO. 41 OF 2015 BRENDA NAZARETH MENEZES AND 3 ORS., ... Appellants

Versus

ANDRE DE MENEZES AND 4 ORS., ... Respondents Mr. N. Sardessai, Senior Advocate with Mr. Vibhav Rajiv Amonkar, Advocate for the appellants.

Mr. S. D. Lotlikar, Senior Advocate and Mr. A. N. Ramani, Advocate for the respondents.

Coram:- C. V. BHADANG, J.

Date:- 24th August, 2015 OPERATIVE ORDER:

In the result, the Appeal is allowed.

(i) The impugned order dated 29/07/2015 is hereby set aside. (ii) The matter is sent back to the learned Trial Court. (iii) The parties to appear before the Trial Court on 04/09/2015. (iv) The learned Trial Court shall decide the application as expeditiously as possible and preferably within a period of one week from 04/09/2015, after granting opportunity of hearing to the parties and in accordance with law.

(v) Rival contentions of the parties are kept open. (vi) In the circumstances, there shall be no order as to costs. C. V. BHADANG, J.

SMA