Clara Morais Nee Lobo And ANR., v. Teresa Also Known As Teresine Pinto Nee Lobo And 3 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 855 OF 2016 IN WRIT PETITION NO. 150 OF 2015 CLARA MORAIS NEE LOBO AND ANR., ... Applicants

Versus

TERESA ALSO KNOWN AS TERESINE PINTO NEE LOBO AND 3 ORS., ... Respondents Mr. Glenn Lobo, Advocate for the applicants.

Mr. J. A. Lobo, Advocate for the respondents. Coram:- F. M. REIS & NUTAN D. SARDESSAI, JJ.

Date:- 27th October, 2016 P.C.

Heard Mr. G. Lobo, learned counsel appearing for the applicants and Mr. J. A. Lobo, learned counsel appearing for the respondents.

2. The direction issued by this Court in the order dated 08.04.2015 to dispose of the suit has been extended by an order dated 18.04.2016 at the request of the learned Judge by a period of one year.

3. The learned counsel appearing for the applicants however points out that the time limit may be curtailed as according to him grave injustice would be caused to the applicants in case the matter is

MCA/855/2016 not disposed of expeditiously.

4. On the other hand, Mr. J. A. Lobo, learned counsel appearing for the respondents submits that the matter is delayed on account of successful applications being filed by the applicants herein. The learned counsel further pointed out that the matter has reached at the final stage for disposal.

5. Without going into the merits of the rival contentions, this Court has already passed an order to extend the time limit to dispose of the suit by a period of one year as prayed by the learned Judge. In such circumstances, the question of modifying such order would not arise. Nevertheless, though the outer time limit to dispose of the suit has been fixed, it does not preclude the learned Judge to dispose of the suit earlier in case both the parties cooperate for expeditious disposal of the suit.

6. The application stands disposed of accordingly. NUTAN D. SARDESSAI, J.

F. M. REIS, J.

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