High CourtsSingle Bench(2022) 09 BOM CK 0104

Antonio Pereira And 3 Ors vs Lila Bhagwant Kamat (Dec.) And 26 Ors.

Bombay High Court · Decided on 23 September 2022

HON’BLE JUDGES
M. S. Sonak, J
CASE NUMBER
Stamp Number Main No.1228 Of 2020 (F), Stamp Number (Appln.) No.1229 Of 2020 (F)

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Judgment

9 paragraphs · 300 words

M. S. Sonak, J

1.

Mr. J.P. Mulgaonkar, learned Senior Advocate for the appellants states that appellant no.1 has since expired. However, his legal heirs are already on record. Accordingly, leave is granted to make necessary amendments/endorsement to the cause title. Mr. Mulgaonkar states that such amendment/endorsement will be carried out forthwith.

2.

Issue notice to the respondents, returnable on 10.11.2022.

3.

In addition to the usual mode of service private service/humdast is permitted.

4.

In the meanwhile, there shall be ad interim relief restraining the eviction of the appellants from the suit house no.199 at Majorda, Goa. This ad interim relief is subject to the appellants depositing in this Court compensation amount of Rs.10,000/- per month effective from March, 2020. This deposit will have to be made on or before the next date. Further, the appellants should continue to deposit compensation at the rate of Rs.10,000/- per month on or before the 10th day of each succeeding month.

5.

The aforesaid compensation is fixed on adhoc basis and should this appeal be ultimately admitted and ad interim relief confirmed, the parties will have liberty to urge variation in this amount today fixed on adhoc basis. Mr. Mulgaonkar, on instructions, states that the suit house admeasures about 200 sq.mtrs. and is located at Majorda-Goa. On instructions, he also states that the house is used only for residential purposes and not used for any liquor business.

6.

Leave is also granted to file compilation of documents by serving advance copy on the respondents.

7.

Needless to add that even the appellants must maintain status quo in respect of the suit house, that is, not create any third party rights or part with the possession of the same until further orders.

8.

All concerned to act on authenticated copy of this order.