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2018 Supreme(Bom) 2661

NUTAN D.SARDESSAI
Linda Dsouza E Fernandes – Appellant
Versus
Luis Antonio Romualdo – Respondent


Advocates Appeared:
Sagar Dhargalkar, Adv., Myron Menezes Dsouza, Adv.

JUDGMENT

Nutan D. Sardessai, J. - The applicants who are the original petitioners are seeking a review of the judgment dated 24.08.2018 passed by this Court pursuant to which the petition was allowed and the impugned order therein which failed to assign sufficient reasons was quashed and set aside with a direction to the First Appellate Court to expedite the hearing in the matter.

2. Heard Shri Sagar Dhargalkar, learned Advocate appearing for the applicant who submitted that there was an error apparent on the face of the record in the order passed by this Court inasmuch as by the passing of the order under review, the applicant is left to face a fait accompli situation unlike the position had the Court to remand the matter to the District Court for a fresh hearing in which event the applicants would have got an opportunity to argue the case afresh and the learned District Judge could have passed a reasoned order. The judgment under review is therefore required to be reviewed and the matter is required to be remanded to the learned District Court for a fresh hearing on the stay application. It was further his contention that there was an error apparent on the face of the record inasm

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