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Judgment
F.M. Reis, J.—Heard the learned Counsel for the Appellant and Respondent. The order impugned in the present appeal is the refusal of the temporary injunction application filed by the appellant restraining the respondents from felling trees from the property which is claimed to be the property of the estate of the deceased Salvador Filipe Da Costa and his wife Santana Piedade Pereira. After hearing the matter for some time, Mr. Rohit Bras Da Sa, advocate for the Respondent states that the respondents intend to file an appropriate application in the inventory proceedings within 3 weeks claiming that the said property does not belong to the estate left behind by the said deceased. He further submits that until the said application is disposed of, the respondents shall not cut the trees located in the property surveyed under survey no. 117/6 of Cuelim village of Murmugao Taluka. The learned counsel for the appellants, as such, submits that in case such status quo is maintained by the respondents until the disposal of the said application, he will not press for any injunction, as prayed for.
In view of the above, the following order is passed by consent:
a) The statement of the learned counsel for the respondent is accepted.
b) The respondents are at liberty to file appropriate application before the inventory Court for exclusion of the said property from the lists of assets and in case such an application is filed by the respondents, the learned Trial Judge shall decide the said application on or before 31.12.2010 after giving the appellants an opportunity to be heard and in accordance with law.
c) The appeal stand disposed of accordingly with no order as to costs.