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Judgment
A.P. Lavande, J.—Heard Mr. Malkarnkar, learned Counsel for Appellant and Mr. Vahidulla, learned Additional Government Advocate for Respondent Nos. 1 to 3. Respondent No. 4 stands deleted.
Appeal from Order No. 90/2007 has been preferred by the Plaintiff in Civil Suit No. 2/2007 pending before the District Judge, South Goa, Margao challenging the order dated 30th June, 2007 by which the application for injunction filed by the Plaintiff was dismissed.
The said appeal has been admitted. MCA 809/2010 has been filed by Respondent Nos. 1 to 3 seeking modification of the order dated 3rd July, 2009 passed in C.A. No. 241/2007 by which this Court granted interim relief in terms of prayer Clause (i) subject to the Appellant/ Plaintiff depositing the arrears amount due to Respondent No. 3 and continue to make such payment regularly to Respondent No. 3 without prejudice to his rights and contention in the present appeal. With the consent of the learned Counsel appearing for the parties, Appeal from Order No. 90/2007 is taken up for final disposal.
Mr. Vahidulla, learned Additional Government Advocate appearing for Respondent Nos. 1 to 3 submitted that in the reply filed by the Appellant to MCA No. 809/2010, it has been stated that the activities of the Respondent (the Appellant in the appeal) which are going on are activities of building and repairs of ships for which the slipway has already been constructed in February, 2006 and no further construction/ civil work is going on or proposed to be carried out in the said area.
In view of the statement made by the Appellant, it would be appropriate to dispose of the appeal and direct the trial Court to dispose of Civil Suit No. 2/2007 expeditiously since affidavit-in-evidence on behalf of the Plaintiff has already been filed in the trial Court.
Mr. Malkarnkar, learned Counsel appearing for the Appellant in Appeal from Order No. 90/2007, has no objection if the order is passed in above terms.
In view of the above, Appeal from Order No. 90/2007 is disposed of by continuing the interim order dated 3rd July, 2009 passed in C.A. No. 241/2007. Needless to mention that the continuation of the said interim order is without prejudice to the rights and contentions of the parties. The trial Court shall dispose of Civil Suit No. 2/2007 expeditiously and in any case on or before 30th December, 2011.
Appeal from Order No. 90/2007 and MCA No. 809/2010 stand disposed of accordingly.