Shri. Shrikant Krishna Naik (Since Dec)Through Lr'S v. Shri Sricanta Roguvir Xete Shirodkar
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO. 137 OF 2011 Shri Shrikant Krishna Naik, Major, Apsara Restaurant, Kadar Manzil Building, Opp. Harimandir, Martires Dias Road, Margao, Goa.
(since deceased through legal heirs) 1.a. Smt Salubai S. Naik Shirodkar widow of late Shri Srikant K. Naik, 62 years of age, housewife, 1.b. Shri Gurudas S. Naik Shirodkar, son of late Shrikant K. Naik, 42 years of age, Businessman, 1.c. Smt. Salita G. Naik Shirodkar wife of Shri Gurudas S. Naik Shirodkar 37 years of age, housewife 1.d. Shri Jeetendra S. Naik, son of late Shrikant K. Naik, 39 years of age, businessman, All r/o House No.341, Behind Masjid, Malbhat, Margao-Goa.
1.e. Smt. Leena Somnath Naik, daughter of late Shrikant K. Naik, 37 years of age, housewife 1.f. Shri Somnath K. Naik, Son of Shri Khushali Naik, 39 years of age, businessman 1/6
1.g. Smt. Sunita alias Bhagyashri Vamona Couvlekar, Son of Shri Prabhakar Couvlekar, 36 years of age, businessman 1.h. Shri Vamona alias Sujeet Prabhakar Couvlekar, son of Shri Prabhakar Couvlekar 36 years of age, businessman Both r/o Jaidev Vada, Nachinola, Aldona Bardez-Goa.
1.i. Smt. Vidya Damodar Naik, daughter of late Shrikant K. Naik 34 years of age, service, 1.j. Shri Damodar Gangaram Naik, son of Shri Gangaram Naik, 38 years of age, service, Both r/o Reshma Building, Aquem, Alto Margao-Goa.
..... Petitioners
Versus
Shri Sricanta Roguvir Xete Shirodkar, aged about 58, Resident of Opp. Macazana Church, Macazana, Salcete, Goa.
.... Respondent Mr. S. S. Kantak, Senior Advocate with Mr. A. Kamat, Advocate for the petitioners.
Mr. A. Gaonkar, Advocate for the respondent.
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Coram:- F. M. REIS, J.
Date:- 17th November, 2016 ORAL JUDGMENT Heard Mr. S. S. Kantak, learned Senior Counsel appearing for the petitioners and Mr. A. Gaonkar, learned counsel appearing for the respondent.
2.
The challenge in the above petition is to the order passed by the learned Additional District Judge, South Goa, Margao dated 22.10.2010 whereby an appeal preferred by the petitioners was dismissed for non compliance of the order passed while staying the operation of the impugned judgment under challenge. 3.
I have heard the learned counsel at length. The main grievance of the petitioners is that as the appeal which was originally filed before this Court was remitted to the Court of the learned District Judge in view of an amendment to the Civil Courts Act to the pecuniary jurisdiction of the learned District Court, the petitioners 3/6
failed to deposit such amounts due to administrative difficulties of Court office. However, the amounts were not allowed to be deposited by the learned District Judge. By the impugned order, the contentions of the petitioners were not accepted by the learned Judge, the appeal of the petitioners was rejected.
4.
During the course of the hearing of the above petition, the learned counsel appearing for the respondent has fairly conceded that the impugned order passed by the learned Judge be quashed and set aside and the petitioners be directed to pay all the arrears of the amount to the respondent in terms of the interim orders dated 27.04.2007 and 19.07.2007 within four weeks from today. The respondent has also pointed out that the respondent will receive such amount without prejudice to the rights and contentions of both the parties in the appeal.
5.
In view of the above, the following order is passed by consent.
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O R D E R
(i) The impugned order dated 22.10.2010 is quashed and set aside.
(ii) Regular Civil Appeal No.383/2010 is restored to the file of the learned District Judge, South Goa, Margao. (iii) The petitioners permitted to pay all the arrears of the amounts to the respondent in terms of the interim orders dated 27.04.2007 and 19.07.2007 within four weeks from today. The amount so paid shall be without prejudice to the rights and contentions of both the parties in the appeal.
(iv) The learned Judge is directed to finally decide the said appeal within six months from the date of the receipt of this order.
(v) The parties are directed to appear before the learned Judge on 08.12.2016 at 10.00 a.m.
(vi) All contentions of the parties on merits are left open.
(vii) Rule is made absolute in the above terms. 5/6
(viii) The petition stands disposed of accordingly. F. M. REIS, J.
at* 6/6