Rosita Antoneta Regina Fernandes v. Nelvis Fernandes

WP 566 of 2024 Meena

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.566 OF 2024 ROSITA ANTONETA REGINA FERNANDES ... PETITIONER

Versus

NELVIS FERNANDES ... RESPONDENT Ms. Swati Kamat Wagh, Advocate for the Petitioner. CORAM:- BHARAT P. DESHPANDE, J.

DATED :- 14th August, 2024 P.C.:

1. Heard Ms. Swati Kamat Wagh, learned Counsel for the Petitioner.

2. The challenge in the present petition is to the order passed by the First Appellate Authority dated 16/02/2024 whereby the order of the trial Court while deciding injunction application has been reversed.

3. Ms. Kamat submits that the Petitioner who is a Defendant in the suit, is in possession of two temporary rooms out of which one she is maintaining and letting out for her own living. She submits that her brother-in-law who is also a co-owner of the said house filed a suit against the Petitioner seeking injunction and prohibiting the Petitioner from refurnishing the said room. The trial Court rejected such prayer however in the Misc. Civil Appeal the learned First Appellate Court 14th August, 2024

WP 566 of 2024 partly allowed the said appeal and injuncted the Petitioner from carrying out any repairs of the said room.

4. Issue notice to the Respondents, returnable on 05/09/2024. BHARAT P. DESHPANDE, J.

Signed by: MEENA VISHAL BHOIR Designation: Private Secretary Date: 14/08/2024 17:20:43 14th August, 2024