Santana Pereira And ANR., v. Ramesh Krishna Mayekar And 12 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

APPEAL FROM ORDER NO. 30 OF 2014 SANTANA PEREIRA AND ANR., ... Appellants

Versus

RAMESH KRISHNA MAYEKAR AND 12 ORS., ... Respondents Mr. R.Shetkar, Advocate for the appellant.

Ms. Aditi Naik, Advocate respondents no.1 and 2. Mr. H.D.Naik, Advocate for respondents no.11 and 12. Coram:- PRITHVIRAJ K. CHAVAN, J.

Date:- 10th January 2018 P.C.

Heard the learned counsel for the respective parties.

2. It is submitted that legal representatives of original defendant no.7 have already brought on record in the main suit within limitation and, therefore, the legal representatives of original respondent no.7 are required to be brought on record in the appeal also.

3. It reveals from the record that an application for injunction was rejected by the trial Court on 11th May, 2012. The appeal is pending for more than five years. It is submitted by learned counsel for the appellant that the trial has commenced and, therefore, the learned counsel for the appellant fairly submits that

AO/30/2014 the appeal can be disposed of by issuing direction to the trial Court to expedite the suit. The learned counsel appearing for the respective respondents have no objection.

4. The appeal stands disposed of as withdrawn with a direction to the trial Court to expedite the suit. The parties shall cooperate in disposing of the suit as early as possible. There shall be no order as to costs.

PRITHVIRAJ K. CHAVAN, J.

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