Associacao De A. E Repouso De Trabalho De Cortalim, Rep. By Poa, Fr. Michael Mascarenhas And ANR., v. Nelson Fernandes And 17 ORS.,

18-CA-248-19.DOC Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO.248 OF 2019 IN FIRST APPEAL NO.153 OF 2019 ASSOCIACAO DE A. E REPOUSO DE TRABALHO DE CORTALIM, REP. BY POA, FR. MICHAEL MASCARENHAS AND ANR., .... Applicants.

Versus.

NELSON FERNANDES AND 17 ORS., ..... Respondents. Mr. M.B. D'Costa, Senior Advocate with Ms. Karishma Betquecar, Advocate for the Applicants.

Mr. A.D. Bhobe, Advocate for the Respondents. CORAM :

M. S. SONAK & R.N. LADDHA, JJ.

DATE :

1st March 2022 P.C. :- 1.

Heard the learned Counsel for the parties.

2.

By the impugned decree, the Applicants/Appellants have been ordered to be evicted from the suit property. The First Appeal has already been admitted. The Applicants/Appellants have pointed out that they were appointed as the custodian of the st March 2022

18-CA-248-19.DOC suit property vide order dated 29/11/1951 during the erstwhile Portuguese regime. The ad interim order though granted ex parte, has also been operating for some time.

3.

Accordingly, we think that the ad interim relief granted on 14/01/2020 requires to be confirmed. We hereby confirm the same by reiterating that even the Appellants will have to maintain status quo and refrain from creating any third party rights or parting with the possession of the suit property during the pendency of the Appeal.

4.

The execution of the impugned decree is, therefore, stayed subject to the aforesaid.

5.

Civil Application No.248 of 2019 is disposed of. R.N. LADDHA, J.

M. S. SONAK, J.

st March 2022