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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT GOA
Manish Pitale, J.
Landmark Homes And Estates, Thr - Appellant
Versus
Hermenegildo Andrade & Ors. - Respondents
Civil Application No. 25 of 2021(Filing) In Stamp Application Main No. 3419 of 2019(F)
Decided On : 25-10-2021
Stay - Decree - The court granted interim relief in favor of the applicants to stay the decree passed by the trial Court, considering the likelihood of grave irreparable loss and the possibility of third party rights being created.
Fact of the Case:
The applicants sought stay of the decree passed by the trial Court, as confirmed by the Appellate Court during the pendency of the present appeal.
Finding of the Court:
The Court found that in the absence of interim order, the applicants would face a situation of grave irreparable loss and there was a likelihood of decree being executed and possibility of third party rights being created, leading to the grant of interim relief.
Issues: The main issue was the application seeking stay of the decree passed by the trial Court during the pendency of the present appeal.
Ratio Decidendi: The court's decision was influenced by the likelihood of grave irreparable loss and the possibility of third party rights being created in the absence of interim relief.
Final Decision: The application seeking stay of the decree was allowed, and interim relief was granted in favor of the applicants.
JUDGMENT
Manish Pitale, J. - This is an application seeking stay of the decree passed by the trial Court, as confirmed by the Appellate Court during the pendency of the present appeal.
2. By order dated 21.11.2019, this Court has already admitted the present appeal on three substantial questions of law. Despite service, the contesting respondent nos.1 and 2/original plaintiffs have chosen not appear before this Court.
3. Considering the fact that in the absence of interim order, the applicants will face a situation of grave irreparable loss as there is every likelihood of decree being executed and possibility of third party rights being created. This Court is inclined to allow the present application.
4. In view of the above, the application is allowed. Interim relief is granted in terms of prayer clausea.
5. Application stands disposed of.
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