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Bombay High CourtAO/9/2017disposed of

Blue Star Hospitality Pvt. Ltd., Thr. Its Director, Savio Fernandes., v. Charles Casmiro Lobo And 2 ORS.,

2022-12-06Hon'Ble Shri Justice G. S. Kulkarni2 pages

11-AO-9-2017.ODT Vinita

IN THE HIGH COURT OF BOMBAY AT GOA.

APPEAL FROM ORDER NO.9 OF 2017 WITH MISC. CIVIL APPLICATION NO. 637 OF 2018 BLUE STAR HOSPITALITY PVT. LTD., THR.

ITS DIRECTOR, SAVIO FERNANDES., VS CHARLES CASMIRO LOBO AND 2 ORS., .....Appellant.

.....Respondents.

Mr. V. Rodrigues, Advocate for the appellant. Mr. J. Godinho, Advocate for the respondent no.1.

CORAM:

G. S. KULKARNI, J.

DATE:

6 DECEMBER 2022.

P.C.:

1.

Heard learned Counsel for the appellant.

2.

This Appeal from Order is filed against an order dated 27 April 2016 passed by the learned Ad-hoc Senior Civil Judge, 'A' Court, Mapusa, whereby an application praying for temporary injunction as filed by the appellant/plaintiff came to be rejected. 3.

The appeal was admitted by an order passed by a Coordinate Bench of this Court on 31 July 2017, however, no interim relief was granted.

4.

The learned Counsel for the appellant has submitted that in the 6th December 2022

11-AO-9-2017.ODT meantime, suit has progressed and plaintiff witness no.1 is now being examined. The suit is of the year 2008.

5.

In my opinion, in the aforesaid circumstances, considering that the suit is of the year 2008, suit is required to be disposed of as expeditiously as possible. Let the same be disposed of within a period of eight months from the date the present order is placed before the learned trial Judge. Parties shall co-operate in the early disposal of the pending suit. All contentions of the parties on the merits of the pending suit are expressly kept open.

6.

Appeal stands disposed of in the above terms. No costs. 7.

Misc. Civil Application No.637 of 2018 also does not survives and accordingly stands disposed of. No cost. G. S. KULKARNI,J.

VINITA VIKAS NAIK Date: 2022.12.07 18:48:21 +05'30'

6th December 2022