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2021 Supreme(Bom) 1120

M.S.SONAK
Agnelo Fernandes – Appellant
Versus
Sea Queen Beach Resort Pvt. Ltd. Colva Salcete Goa – Respondent


Advocates appeared:
Sapresh Devidas, Advocate, Balkrishna Prakash Sardessai, Advocate, Jatin Ramaiya, Advocate

JUDGMENT

M S Sonak, J. - Heard Mr. Sapresh Devidas, learned Counsel for the Petitioners and Mr. Jatin Ramaiya, learned Counsel for the Respondents.

2. Rule. Rule is made returnable forthwith at the request and with the consent of learned Counsel for the parties. Learned Counsel for the Respondents waives notice.

3. The challenge in this petition is to the order dated 18.02.2020 made by the Civil Judge Junior Division (executing court) ordering the Bailiff to execute the Judgment and Decree dated 19.08.2017 made in Regular Civil Suit No. 433/2010/II which was made exparte.

4. Mr Devidas, the learned Counsel for the Petitioner pointed out that way back on12.02.2018 itself, the Petitioner has filed an application for setting aside the exparte decree along with an application for condonation of delay. He pointed out that these applications are now posted for consideration before the Civil Court on 09.07.2021. He submits that pending the decision on these applications, the executing Court ought not have proceeded with the execution, as otherwise, the application for setting aside the exparte decree will be rendered virtually infructuous. He submits that sufficient cause has been shown by th

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