Blasco Jose Gabriel Luis Pereira Rodrigues v. Philomena G. Rodrigues And 2 ORS

CA 73 of 2023 Niti

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO.73 OF 2023 BLASCO JOSE GABRIEL LUIS PEREIRA RODRIGUES ... APPLICANT

Versus

PHILOMENA G. RODRIGUES AND 2 ORS ... RESPONDENTS Mr R. Menezes with Ms S. Alvares, Advocates for the Applicant. Mr J.J. Mulgaonkar and Ms A. Tirodkar, Advocates for the Respondents.

CORAM:- M. S. SONAK, J.

DATED :- 19th October, 2023 P.C.:

The First Appeal is already admitted.

2. Mr Menezes submits that the appellant is the husband of the first respondent and the father of the second and the third respondent. He, further, submits that before the Trial Court there was a restraint order restraining the respondents-defendants from creating third party rights in the suit property, that is, the Trial Court had ordered a status quo.

3. Mr Mulgaonkar states that apprehension about the creation of third party rights by the appellant/applicant is quite misconceived. Further, the appellant has not even made out any prima facie case. 19th October, 2023

CA 73 of 2023

4. Now that a status quo order was operating during the pendency of the suit before the Trial Court, it is only appropriate that the respondents are restrained from creating any third party rights in the suit property during the pendency of the appeal. Accordingly, a restraint in the above terms is imposed and this Civil Application is disposed of.

M. S. SONAK, J.

NITI K HALDANKAR Date: 2023.10.20 11:05:52 +05'30'

NITI K HALDANKAR 19th October, 2023