Molu Kusta Molik And 9 ORS v. Ramkrishna Govind Dhond (Dec) And 8 ORS

24-MCA-289-2021.DOC Andreza

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO. 289 OF 2021 IN WRIT PETITION NO. 35 OF 2016 Molu Kusta Molik & 9 Ors.

... Applicants

Versus

Ramkrishna Govind Dhond (Dec) & 8 Ors.

...Respondents

Ms. A. A. Agni, Senior Advocate with Ms. Jay Sawaikar, Advocate for the Applicants.

Mr. S. S. Kakodkar, Advocate for the Respondent nos. 2(A) to 1(2), J and 1(2) CC.

_______________________

CORAM:

MANISH PITALE, J DATED:

23rd December, 2021 _______________________ P.C.

1.

This application has been moved on behalf of the Petitioners in the backdrop of Judgment of the Hon'ble Supreme Court in the case of Asian Resurfacing Of Road Agency Pvt. Ltd. vs Central Bureau Of Investigation1, due to which interim orders of stay stand vacated on expiry of six months. It is laid down by the Hon'ble Supreme Court that the interim orders may be extended for reasons to be stated by the concerned Court.

2.

In the light of the above, this Court has heard the learned Counsel appearing for the rival parties. It is found that, in the present case, there is an issue before the Executing Court of previous demarcation carried out by the Collector and it has not been dealt with properly which requires hearing and detailed discussion on the contentions raised on behalf of the Petitioners. 1 (2018) 16 SCC 299 23rd December 2021

24-MCA-289-2021.DOC 3.

Hence, for the aforesaid reasons, the interim order granted by this Court on 13.01.2016 is extended until further orders. 4.

A statement is made by the learned Senior Counsel appearing for the Applicant-Petitioner, that Wakalatnama for the legal representatives of the aforesaid deceased-Petitioners shall be filed within a period of two weeks from today.

5.

The application stands disposed of.

6.

Considering that the present Writ Petition pertains to the year 2016 and Rule was granted on 04.07.2016, it is directed that the present Writ Petition be included in the list of final hearing matters for the week commencing on 17.01.2022.

MANISH PITALE, J 23rd December 2021