Cajetan D Souza Alias Caetano D Souza v. Lamartina De Rocha Since Deceased Through Legal Heir

CA 70 of 2024 Andreza

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO.70 OF 2024 WITH SECOND APPEAL NO.34 OF 2024 CIVIL APPLICATION NO.70 OF 2024 CAJETAN D SOUZA ALIAS CAETANO D SOUZA ... APPLICANT

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LAMARTINA DE ROCHA SINCE DECEASED THROUGH LEGAL HEIR ... RESPONDENTS WITH SECOND APPEAL NO.34 OF 2024 CAJETAN D SOUZA ALIAS CAETANO D SOUZA ... APPELLANT

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LAMARTINA DE ROCHA SINCE DECEASED THROUGH LEGAL HEIR ... RESPONDENTS Mr. S . M. Singbal, Advocate for the Applicant. Mr. R. G. Ramani, Senior Advocate with Mr. P. Kakodkar, Advocate for the Respondents.

CORAM:- M. S. KARNIK, J.

DATED :- 6th December, 2024 P.C.

Heard learned Counsel for the Applicant.

2. The applicant has pressed for stay of the Order of the Appellate Court in this application.

3. I have gone through the detailed Order of the Appellate Court and 6th December, 2024

CA 70 of 2024 having perused paragraphs 47 and 48 of the trial Court's Order, I am not inclined to grant this application in its entirety.

4. Subject to the deposit of Rs. 3,00,000/- in this Court by the applicant within a period of eight weeks from today, the execution of the Judgment and Decree under challenge so far as the relief to pay the sum of Rs.3,00,000/-, shall remain stayed. Upon deposit, the amount be invested in any nationalised bank.

5. Liberty to the respondents to apply for withdrawal after the amount is deposited.

6. Application is disposed of.

M. S. KARNIK, J.

Signed by: ANDREZA RODRIGUES EPEREIRA Designation: Private Secretary Date: 09/12/2024 15:08:35 6th December, 2024