Shri. Sanvlo Datta Dessai v. Smt. Indu Datta Naik

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO. 241 OF 2013 IN SECOND APPEAL NO. 147 OF 2013 SHRI. SANVLO DATTA DESSAI ... Applicant

Versus

SMT. INDU DATTA NAIK ... Respondent Mr. S. S. Kantak, Senior Advocate with Adv. Preetam Talaulikar for the Applicant.

Mr. Valmiki Menezes, Advocate for Respondent Coram:- C. V. BHADANG, J.

Date:- 13th July, 2015 P.C.:

Heard Mr. S. S. Kantak, the learned Senior Counsel for the applicant and Mr. V. Menezes, the learned counsel for the respondent.

2. The second appeal is already admitted.

3. It is submitted on behalf of the appellant/applicant that the appellant does not intend to carry out any further construction or alteration and the appellant undertakes that no such further construction or alteration in the suit property would be carried out. The statement is accepted.

CA/241/2013

4. It is not in dispute that the appellant/applicant is in possession of the property. Hence, part of the impugned judgment and decree directing the appellant/applicant to remove the suit structure along with the construction material dumped in the suit property is stayed, pending the disposal of the second appeal.

5. The civil application is disposed of in the aforesaid terms. C. V. BHADANG, J.

ap/-