Suryakant Fatu Shetgaonkar., v. Pandu Fatu Shetgaonkar And ANR.,

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO. 44 OF 2018 IN SECOND APPEAL NO. 21 OF 2018 SURYAKANT FATU SHETGAONKAR., ... Applicant

Versus

PANDU FATU SHETGAONKAR AND ANR., ... Respondents Shri A. D. Bhobe, Advocate for the Applicant. Shri J. P. Mulgaonkar, Advocate for the Respondents. Coram:- NUTAN D. SARDESSAI, J.

Date:- 19th September 2018 P.C.

It has been the contention of Shri Bhobe, learned Counsel appearing for the applicant that he was secured by an order of injunction by the Trial Court during the pendency of the suit in the appeal filed by the respondents and they had undertaken to maintain status quo and not to interfere with the suit property. In view thereof, he seeks for the grant of stay against the respondents pending the hearing and final disposal of the second appeal.

2. Learned Counsel appearing for the respondents submits that the undertakings stood discharged on the disposal of the appeal in September 2017 and since then no stay has been operating in

CA/44/2018 favour of the applicant.

3. However, considering the position existing as on the date of the suit and the undertaking given by the respondents, the parties are directed to maintain status quo and the respondents not to interfere with the suit property.

4. Application stands disposed off accordingly. NUTAN D. SARDESSAI, J.

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