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Bombay High CourtCA/225/2017partly allowed

Luiza Fernandes, Rep. By Her Const. Att., Riana Azavedo., v. Champabai Sadashiv Raut Dessai, Rep. Thr. Poa By Respondent No. 2 And ANR.,

2018-01-12Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO. 225 OF 2017 IN SECOND APPEAL NO. 105 OF 2017 LUIZA FERNANDES, REP. BY HER CONST. ATT., RIANA AZAVEDO., ... Applicant

Versus

CHAMPABAI SADASHIV RAUT DESSAI, REP. THR. POA BY RESPONDENT NO. 2 AND ANR., ... Respondents Mr. Ashwin D. Bhobe and Ms. S. Bhobe, Advocates for the applicant.

Mr. C. A. Coutinho, Advocate for the respondents. Coram:- C. V. BHADANG, J.

Date:- 12th January 2018 P.C.

Heard Shri Bhobe, the learned Counsel for the applicant and Shri Coutinho, the learned Counsel for the respondents.

2. On hearing the learned Counsel for the parties and in view of the fact that the Second Appeal is admitted, this application is partly allowed. The part of the impugned decree to the extent granting mandatory injunction is hereby stayed. The impugned decree in so far as the grant of permanent prohibitory injunction is concerned, shall continue to operate.

C. V. BHADANG, J.

CA/225/2017 SMA