Shitij Build Con. Pvt. Ltd., Thr. Its Auth. Sign., Rrahul Upadhyay., v. Ushabai @ Mogrembai Mahadev Sinai Kakodkar, Rep. By Attorney, Shital Mahadev Kakodkar And 13 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO. 227 OF 2018 IN FIRST APPEAL NO. 156 OF 2018 SHITIJ BUILD CON. PVT. LTD., THR.

ITS AUTH. SIGN., RRAHUL UPADHYAY., ... Applicant

Versus

USHABAI @ MOGREMBAI MAHADEV SINAI KAKODKAR, REP. BY ATTORNEY, SHITAL MAHADEV KAKODKAR AND 13 ORS., ... Respondents Mr. Sudin Usgaonkar, Senior Advocate with Mr. T. Kamat Ghanekar, Advocate for the Applicant.

Mr. T. Pereira, Advocate for Respondent No.1. Mr. R. G. Ramani, Advocate for Respondent Nos.2h1 and 2h2. Coram:- M. S. SONAK & SMT. M. S. JAWALKAR, JJ.

Date:- 21st January, 2020 P.C.

Heard Mr. Usgaonkar, learned Senior Advocate alongwith Ms. T. Ghanekar for the Applicant and Mr. Ramani and Mr. T. Pereira, learned counsel for some of the Respondents.

2. Mr. Usgaonkar states that service in this matter is complete.

3. First Appeal is already admitted. In terms of impugned judgment and decree, there is a direction to the Sub Registrar of

CA/227/2018 Canacona to cancel the Deeds of Sale referred to in paragraph 1 of the Civil Application. According to us, since the appeal is already admitted, it will be appropriate if the direction for cancellation of deeds of sale referred to in paragraph 1 of this Civil Application is stayed. Accordingly, we stay the direction in so far as cancellation of the said deeds of sale is concerned.

4. However, it is made clear that the Applicant, on the basis of such deeds of sale will not create any third party right in so far as the properties are concerned.

5. The Civil Application is disposed of in the aforesaid terms.

SMT. M. S. JAWALKAR, J.

M. S. SONAK, J.

at*