IN THE HIGH COURT OF BOMBAY AT GOA CIVIL APPLICATION NO. 71 OF 2011 IN WRIT PETITION NO. 339 OF 2005 SHRI CHARLES B.JOSEPH PEREIRA,CORTALIM GOA ... Applicant Versus SHRI JOAO BARRETO,CORTALIM GOA ... Respondent Mr. Valmiki Menezes, Advocate for the applicant. Mr. R. D'sa, Advocate for the respondent. Coram:- A. P. LAVANDE, J. Date:- 13th July, 2011 P.C. Heard Mr. Valmiki Menezes, learned Advocate for the applicant and Mr. R. D'sa, learned Advocate for the respondent. 2. By this application the applicant who is petitioner in Writ Petition no. 339/2005 seeks stay of further proceedings in Case No.JT-I/MUND/COR/29/90/PURCH pending before Mamlatdar of Mormugao, till disposal of the present petition. 3. Petition has been filed by the petitioner challenging the orders passed by the Mamlatdar, Deputy Collector and Administrative Tribunal by which application filed by the petitioner for negative declaration has been dismissed. In other words, by impugned orders respondent has been declared as mundkar of the petitioner. 4. Mr. De Sa, learned Counsel for the respondent states that respondent is ready to give an undertaking that until Writ Petition decided by this Court, respondent would not carry out any further construction in or around mundkarial house and respondent will not claim any equity in the matter. 5. Mr. De Sa states that Purchase proceedings may be permitted to be continued subject to the final result of the petition. 6. Having heard the learned Counsel for the parties, I am of the considered opinion that this is not a fit case in which interim relief sought for by the applicant deserves to be granted. Interest of the applicant can very well be protected by passing appropriate order. 7. In view of the above application is disposed of in the following terms:- i. Proceedings in Case No.JT-I/MUND/COR/29/90/PURCH pending before Mamlatdar of Mormugao, to continue. However any order passed in this proceedings shall be subject to the outcome of Writ Petition no. 399/2005. Till the disposal of the Writ Petition, respondent shall not carry out any construction in or around the mundkarial house and the respondent shall file necessary undertaking to that effect within a period of two weeks. ii. Respondent will not claim any equity on the ground that purchase proceedings have been concluded. A. P. LAVANDE, J. vn