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Bombay High CourtCA/71/2022infructuos

Wonedulfo Antonio Da Costa v. Felvira Irene Godinho And 3 ORS

2023-12-22Hon'Ble Shri Justice M. S. Sonak2 pages

CA 71 of 2022 Andreza

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO.71 OF 2022 WITH FIRST APPEAL NO.71 OF 2022 CIVIL APPLICATION NO.71 OF 2022 IN FIRST APPEAL NO.71 OF 2022 WONEDULFO ANTONIO DA COSTA ... APPLICANT

Versus

FELVIRA IRENE GODINHO AND 3 ORS ... RESPONDENTS WITH FIRST APPEAL NO.71 OF 2022 WONEDULFO ANTONIO DA COSTA ... APPELLANT

Versus

FELVIRA IRENE GODINHO AND 3 ORS ... RESPONDENTS Mr. J. J. Mulgaonkar, Advocate for the Applicant. Mr. Tejas Rane, Advocate for the Respondents. CORAM:- M. S. SONAK, J.

DATED :- 22nd December, 2023 P.C.

Mr. Mulgaonkar, learned Counsel for the Appellant, states that partly by way of deposit in this Court and partly by payments in the Execution Proceedings, the entire decretal amount has been paid to the Respondents-Decree Holders without prejudice to the rights and contentions of the Appellant in the pending Appeal.

2. Accordingly, this Civil Application has become infrutuous and is disposed of by clarifying that the payments made will abide by the 22nd December, 2023

CA 71 of 2022 final Orders in the Appeal. If the Appeal succeeds, naturally the Appellant will be entitled to seek execution.

3. Civil Application No. 71 of 2022 stands disposed of. M. S. SONAK, J.

PEREIRA Date: 2023.12.22 15:33:50 +05'30'

ANDREZA PEREIRA 22nd December, 2023