Bombay High CourtWP/991/2017disposed of

Luis Boaventura Fernandes, Thr. His Att., Patricio Falcao And ANR., v. Antonio Rosario J. Monteiro And ANR.,

2018-07-19Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 991 OF 2017 LUIS BOAVENTURA FERNANDES, THR.

HIS ATT., PATRICIO FALCAO AND ANR., ... Petitioners

Versus

ANTONIO ROSARIO J. MONTEIRO AND ANR., ... Respondents Shri Nigel Da Costa Frias, Advocate for the petitioner. Shri R. Rivankar, Advocate for the respondent No.1. Shri A.D. Bhobe, Advocate for the respondent No.2. Coram:- NUTAN D. SARDESSAI, J.

Date:- 19th July 2018 P.C.:

Heard Shri Nigel Da Costa Frias, learned Advocate for the petitioners for a considerable length of time and Shri R. Rivankar, learned Advocate for the respondent No.1.

2. On considering the arguments and the fact that the construction has not been resumed after the order of injunction passed by the Trial Court, the petition could be disposed off without prejudice to the rights and contentions of the parties whereby the respondent No.1 is directed to maintain the same status quo till the disposal of the suit. The learned Trial Court is directed to dispose off the suit as expeditiously as possible and in any event within a year from the date of receipt of writ of this

WP/991/2017 Court.

3. In such circumstances therefore the impugned order is quashed and set aside. All rights and contentions are kept open and the learned Trial Court shall not be influenced while deciding the suit on its own merits.

4. The petition stands disposed off.

NUTAN D. SARDESSAI, J.