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Bombay High CourtCA/142/2018granted

Brenda Nazareth Menezes, Rep. By Const. Attorney, Dr. Brenda Menezes And 5 ORS., v. Andre Menezes And 2 ORS.,

2018-07-27Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO. 142 OF 2018 IN APPEAL FROM ORDER NO. 30 OF 2018 BRENDA NAZARETH MENEZES, REP. BY CONST. ATTORNEY, DR. BRENDA MENEZES AND 5 ORS., ... Applicants

Versus

ANDRE MENEZES AND 2 ORS., ... Respondents Shri M.B. Da Costa, Senior Advocate with Shri G. Monteiro, Advocate for the Applicants.

Shri A. Ramani, Advocate for the Respondents. Coram:- NUTAN D. SARDESSAI, J.

Date:- 27th July 2018 P.C.:

Heard learned Counsels for the parties.

2. It was the contention of Shri Da Costa, learned Senior Counsel for the applicants that the learned Senior Civil Judge had not considered the judgment relied upon him in Y. Narasimha Rao & Ors. V/s. Y. Venkata Lakshmi & Anr. [(1991) 3 SCC 451] in the matter of reliance on the copy of a foreign judgment. It is apparent from a perusal of the impugned order that there is no such reference to this judgment cited by Shri Da Costa, learned Senior Counsel for the applicants nor any

CA/142/2018 discussion thereon by the learned Senior Civil Judge. Be that as it may, having found that a fit case is made out, the proceedings before the learned Senior Civil Judge are stayed.

3. The application stands disposed off.

NUTAN D. SARDESSAI, J.

NH