Philomena Rodrigues And ANR., v. Farrokh Rustom Maneckshaw

2025:BHC-GOA:2174 MCA 413 of 2024 Sonam

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO.413 OF 2024 IN FIRST APPEAL NO.140 OF 2010 PHILOMENA RODRIGUES AND ANR., ... APPLICANT

Versus

FARROKH RUSTOM MANECKSHAW ... RESPONDENT Mr. Aniket Prabhu, Advocate for the Applicants. Mr. Shailendra G. Bhobe, Advocate for the Respondents. CORAM:- SHREERAM V. SHIRSAT, J.

DATED :- 12th November, 2025 P.C.:

1. The Applicant No.1, who is the original Respondent No. 1 in First Appeal No. 140/2010, has filed the present Misc. Civil Application, in which she has challenged the Judgment and Decree dated 30.06.2010, passed by the Court of Ad-hoc Civil Judge Senior Division, Mapusa in Special Civil Suit No. 61/2003/A, whereby the Trial Court has partly allowed the suit filed by the Applicant No.1 herein.

2. The First Appeal No. 140/2020 was admitted by this Court vide order dated 11.04.2011. It is mentioned in the application that vide order dated 14.12.2011 in Civil Application No. 206/2010, this Court had stayed the execution proceeding bearing Execution Proceeding No. 32/2010/A, and the same is pending before the Court of Civil 12th November, 2025

MCA 413 of 2024 Judge, Senior Division at Mapusa.

3. It is the contention of the Applicant herein that the First Appeal in which she is Respondent No.1 has been pending for the last 15 years. The Applicant herein is a Senior Citizen and a cancer patient having undergone two surgeries. The Applicant herein therefore prays that the First Appeal No. 140 of 2010 to be heard expeditiously.

4. The Ld. Counsel for the Respondent herein/original Appellant has no objection for taking up the matter for final hearing.

5. In view of the above, First Appeal No. 140/2010 be placed on the Final Hearing Board in the week commencing from 05.01.2026.

6. The present Misc. Civil Application No. 413 of 2024 stands disposed. of.

SHREERAM V. SHIRSAT, J.

12th November, 2025