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2021 Supreme(Bom) 1398
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT GOA
Manish Pitale, J.
Rakesh N. Kankonkar & Anr. - Appellants
Versus
Kashi Kankonkar & Ors. - Respondents
Writ Petition No. 104, 105 of 2020
Decided On : 26-10-2021
Nitin Sardessai, Advocate, Gaurish Agni, Advocate, Pundalik Raikar, Advocate
Important Points
Subject
Civil Law - Injunctions and Orders
Headnote
Temporary Injunction - Court's Direction for Expedited Proceedings
Fact of the Case:
The Writ Petitions arose from the rejection of the petitioners' request for a temporary injunction and the grant of the respondent's request for the same.
Finding of the Court:
The Court directed the Civil Judge to expedite the proceedings in the suit and ensure its disposal within one year, without being influenced by any observations made in the present order.
Issues: Prayer for temporary injunction, expedited proceedings in the suit
Ratio Decidendi: The Court emphasized the need for expediting the proceedings in the suit and ensuring timely disposal, without delving into the details of the matter.
Final Decision: The Writ Petition was disposed of by directing the Court to expedite the proceedings in the suit and ensure its disposal within one year.
JUDGMENT
Manish Pitale, J. - These Writ Petitions arise out of the concurrent orders passed by the Court below rejecting the prayer of the petitioners for grant of temporary injunction and instead granting the prayer for temporary injunction filed by the respondent (original defendant).
2. With passage of time, Mr. Sardessai, the learned Senior Counsel appearing for the petitioners submits that instead of going into the details of the matter, it would be in the interest of justice that an appropriate direction is given to the Court below for expediting the proceedings in the suit and for disposal of the same at the earliest.
3. Mr. Raikar, the learned counsel for the respondents has no specific objection to the said suggestion made on behalf of the petitioners.
4. In view of the above, the Writ Petition is disposed of by directing the Court of Civil Judge, Junior Division at Panaji to expedite the proceedings in Regular Civil Suit No.56/2017/C and to ensure that the suit is disposed of within a period of one year from today.
5. All the contentions raised on behalf of the parties are kept open and the aforesaid Court shall proceed in the matter without being influenced by any observations made in the present order.
