Quepem Municipal Council And ANR v. George Caitano Philipe Fernandes (Dec) Thr. Lrs And 9 ORS

CA 73 of 2022 Amrut

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO.73 OF 2022 IN FIRST APPEAL NO.72 OF 2022 QUEPEM MUNICIPAL COUNCIL AND ANR ... APPLICANTS

Versus

GEORGE CAITANO PHILIPE FERNANDES (DEC) THR. LRS AND 9 ORS ... RESPONDENTS Mr A. D. Bhobe and Ms A. Fernandes, Advocates for the Applicants. Mr Tukaram Gawas, Additional Government Advocate for Respondent Nos.4 to 7.

Mr D. Vernekar, Advocate for Respondent Nos.2 and 3. CORAM:- M. S. SONAK, J.

DATED :- 8th December, 2023 P.C.:

Heard Mr Bhobe, learned counsel for the Applicants, Mr T. Gawas, learned Additional Government Advocate for Respondent Nos.4 to 7 and Mr D. Vernekar, learned counsel for Respondent Nos.2 and 3.

2. Accompanying appeal is already admitted.

3. This is an application for interim relief. Mainly the declaratory reliefs have been granted regarding an area of hardly 46 square metres. The decree also allows mutation.

8th December, 2023

CA 73 of 2022

4. Mr Gawas places on record Form I & XIV to show that mutation is already carried out.

5. Accordingly, the reliefs in this application for interim relief have been rendered substantially infructuous.

6. This application is disposed of by clarifying that the mutation now carried out will be subject to the final orders in this appeal.

7. The Civil Application No.73 of 2022 is disposed of. M. S. SONAK, J.

TARI AMRUT NAGESH Date: 2023.12.11 12:12:02 +05'30'

8th December, 2023