Mr. Felicio Agnelo Fernandes and Mrs. Mafalda Fernandes Through her attorney holder, Miss Maria Elviro Fernandes vs Mr. Querobino Jose Baltazar de Santana de Souza, married to, Mrs. Jasita Aurora Fatima de Braganza e Souza, Both, represented by their attorney and son Constantino and Leclerc De Souza, by Power of attorney

A.P. Lavande, J.—Heard Mr. S.D. Lotlikar, Senior Advocate for the appellants and Mr. V. Menezes, Advocate for the respondents. Although several points have been urged in respect of the appeal, the appeal can be disposed of on a short point which is urged by the appellants. Learned Senior counsel Mr. Lotlikar for the appellants submitted that while disposing the application for interim relief filed by the respondents, the Trial Court has not even discussed the respective cases set up by the parties and has not addressed itself to the well settled principles governing the application for interim relief. He therefore, submitted that the impugned order be set aside and the matter be remanded to the Trial Court to decide the application afresh. Mr. Menezes, Advocate appearing for the respondents was unable to defend the impugned order, in the light of the submissions made by the learned Senior counsel, Mr. Lotlikar. He submitted that the interim relief was operating in favour of the respondents which continues till date and therefore, in the event the matter is remanded to the Trial Court, the interim relief be continued till the disposal of the matter.

I find merit in the submission of the learned Senior Counsel Mr. Lotlikar. The Trial Court while disposing the application for interim relief ought to have discussed the cases set up by the respective parties and thereafter addressed itself to the three principles which are relevant while considering the application for interim relief. Undisputedly, this exercise has not been done by the Trial Court. On this ground alone, the impugned order is liable to be set aside and is accordingly set aside. The Trial Court is directed to decide the application for interim relief filed by the respondents after hearing both the sides. The Trial Court shall decide the application within a period of 3 weeks from the date of appearance. Interim relief granted by the Trial Court shall continue till the disposal of the application. Parties through their counsel shall appear before the Trial Court on 18.10.2008 at 10.00 a.m. The appeal and the application stand disposed of.