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Bombay High CourtCA/64/2025disposed of

Piedade Moraes Thr His Attorney, Mr Mohajam Shaikh v. Milagres Moraes And 5 ORS

2026-03-27Hon'Ble Shri Justice Valmiki Menezes2 pages

2026:BHC-GOA:611 29 CA 64 2025 Suzana

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO.64 OF 2025 WITH FIRST APPEAL NO.45 OF 2025 CIVIL APPLICATION NO.64 OF 2025 IN FIRST APPEAL NO.45 OF 2025 PIEDADE MORAES THR HIS ATTORNEY, MR MOHAJAM SHAIKH ... APPLICANT

Versus

MILAGRES MORAES AND 5 ORS ... RESPONDENTS WITH FIRST APPEAL NO.45 OF 2025 PIEDADE MORAES THR HIS ATTORNEY, MR MOHAJAM SHAIKH ... APPELLANT

Versus

MILAGRES MORAES AND 5 ORS ... RESPONDENTS Mr. S. S. Kantak, Senior Advocate with Ms. Saicha Dessai, Advocate for the Applicant.

Mr. Shane Coutinho, Advocate for Respondent No.1. Mr. Geetesh Shetye, Additional Government Advocate for Respondent No.3 Mr. Rajiv Ambekar, Advocate for Respondent No.5. CORAM:- VALMIKI MENEZES, J.

DATED :- 27th March, 2026 P.C.

Heard.

2. The Decree passed against the Applicant is one for the demolition of certain structures on their property and for compensation for breach 27th March, 2026

29 CA 64 2025 of the setback regulations. Considering the irreparable loss that would be caused to the Appellants if the Decree were to be executed and the demolition takes place, there shall be a stay of the operation of the impugned Decree dated 31.07.2025. However, the Order of stay shall operate on the deposit of the compensation amount of Rs. 5 lakhs awarded by the trial Court, within a period of four weeks from today. This Order shall operate till the disposal of the Appeal.

3. The Application stands disposed of.

VALMIKI MENEZES, J.

Signed by: MARIA SUZANA REBELLO Designation: Personal Assistant Date: 27/03/2026 15:04:09 27th March, 2026