Bombay High Court
WP/589/2003 of MR. MIGUEL CAETANO FRANCISCO AFONSO AND ANR., Vs MRS. ANA A.FERNANDES ALIAS ANNIE COELHO AND 12 ORS on 4 December 2003
COURT OF BOMBAY AT GOA WRIT PETITION NO. 589 OF 2003 MR. MIGUEL CAETANO FRANCISCO ....Petitioners AFONSO AND ANR., Versus MRS. ANA A.FERNANDES ALIAS ANNIE ....Respondents COELHO AND 12 ORS SHRI V. BRAGANZA, Coram:- A.M.KHANWILKAR, J. Date:- 4th December, 2003 P.C.: Heard both sides. Having
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IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO. 589 OF 2003
MR. MIGUEL CAETANO FRANCISCO AFONSO AND ANR.,
Versus
....Petitioners
MRS. ANA A.FERNANDES ALIAS ANNIE COELHO AND 12 ORS
....Respondents
SHRI V. BRAGANZA,
-Coram:A.M.KHANWILKAR, J.-Date:4th December, 2003
P.C.:Heard both sides. Having regard to theopinion recorded by the Appellate Courtat the interlocutory stage, inparticular paragraph 14, that the entirebuilding has been constructed on thedisputed property and the respondentshave already entered into agreement withdifferent persons, coupled with the factthat the petitioners allowed therespondents to enjoy the entireproperty from the year 1946 andthereafter allowed them to demolish theentire house and construct a multi-storied commercial complex in thedisputed property, will be sufficient torefuse interim relief to the petitioners2. In the circumstances, I see noreason to exercise writ jurisdiction,having regard to the fact situation of the present case. It is, however, madeclear that any observation made by thecourts below shall not influence thetrial court while finally deciding thesuit between the parties. ShriUsgaonkar, learned Senior Advocate,appearing for the respondents, submitson instructions, that the respondentshave no objection if the transactionsalready entered into and the futuretransactions, if any, are made subjectto the outcome of this suit. Thatassurance is accepted.At this stage, Shri Coelho Pereira praysthat the hearing of the suit beexpedited. It will be open to thepetitioners to make that request to thetrial Court and if such application isfiled, the trial Court may expedite thehearing of the suit and preferablyfinally dispose of the suit by the endof December, 2004.
A.M.KHANWILKAR, J.