Baptista Fernandes And ANR v. Sadashiv Azgaonkar (Dec) Thr. Hir Lrs. And ANR

CA 19 of 2023 Niti

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO.19 OF 2023 WITH CIVIL APPLICATION NO.18 OF 2023 CIVIL APPLICATION NO.19 OF 2023 IN SECOND APPEAL NO.13 OF 2023 BAPTISTA FRNANDES AND ANR ... APPLICANTS

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SADASHIV AZGAONKAR (DEC) THR. HIS LRS. AND 4 ORS ... RESPONDENTS WITH CIVIL APPLICATION NO.18 OF 2023 IN SECOND APPEAL NO.12 OF 2023 BAPTISTA FERNANDES AND ANR ... APPLICANTS

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SADASHIV AZGAONKAR (DEC) THR. HIR LRS. AND ANR ... RESPONDENTS Mr Shivan Desai with Ms M. Viegas, Advocates for the Applicants. Mr J.J. Mulgaonkar with Ms S. Parulekar, Advocate for Respondents. CORAM:- M. S. SONAK, J.

DATED :- 25th April, 2024 P.C.:

Both these Second Appeals have been admitted.

2. By way of ad interim relief granted on 12.10.2021, parties were directed to maintain status quo.

3. The applicants are the original defendants before the Trial Court. 25th April, 2024

CA 19 of 2023 The Trial Court had dismissed the suit seeking access through the applicants' property. The First Appellate Court has now decreed the suit.

4. Mr Desai submits that opening of an access, at this stage, would involve demolition of a wall. This position is disputed by Mr Mulgaonkar. Still, considering that this is a case of reversal of the Trial Court's decree by the First Appellate Court and the fact that both the appeals have been admitted on substantial questions of law, it would be appropriate if the ad interim order granted on 12.10.2021 is confirmed and directed to operate during the pendency of the two Second Appeals. It is ordered accordingly.

5. The civil applications no.18 and 19 of 2023 are disposed of in the above terms. However, a copy of this order to be retained in the main Second Appeal files.

M. S. SONAK, J.

KISHOR HALDANKAR Date: 2024.04.26 14:47:04 +05'30'

NITI KISHOR HALDANKAR 25th April, 2024