-1- IN THE HIGH COURT OF BOMBAY AT GOA APPEAL FROM ORDER NO. 7 OF 2010 AND CIVIL APPLICATION NO. 27 OF 2010 Mr. James Fernandes son of Taumaturgo Fernandes resident of H. No.277, Bagga ward, Telaulim, Navelim, Salcete, Goa, through his attorney Cipriano Manuel Vaz, resident of Mingfoll, Chinchinim, Salcete, Goa. …... Appellant V e r s u s Mr. Joawquim Jose Fernandes alias Joasinho Fernandes, residing near Dangui's shop, Murda Grande Nuvem, Salcete, Goa. …... Respondent Mr. M. B. D' Costa, Senior Advocate with Mr. John A. Lobo, Advocate for the Appellant. Mr. C. A. Coutinho, Advocate for the Respondent. Coram :- F. M. REIS, J Date : 21 st September, 2011. ORAL JUDGMENT Heard Shri M. B. D' Costa, learned Senior Advocate appearing for the Appellant and Shri C. A. Coutinho, Advocate for the Respondent. 2. The above Appeal challenges the Order passed by the learned Civil Judge, Senior Division at Margao, passed in Special Inventory Proceedings no. 80 -2- of 2009, whereby an application for temporary injunction filed by the Appellant came to be dismissed. 3. This Court on 11.02.2010, passed inter alia the following Order : “Heard Mr. M. B. D'Costa, learned Senior Counsel for the Applicant. Issue notice to the Respondent returnable in two weeks i.e. 25.02.2010. In the meantime as by way of ad- interim relief the Respondent is restrained from carrying out any construction beyond the sanctioned plan/licence on the plot in question.” 4. There is no dispute that the said Order dated 11.02.2010 is in operation up to this date. 5. Considering the facts and circumstances of the case, I find that in the interest of justice, it would be appropriate that the said Order dated 11.02.2010 passed by this Court shall continue to operate until the final disposal of the said Inventory Proceedings. Subject to the said reliefs, no further reliefs are to be granted at this stage as admittedly the Inventory Proceedings have not yet been finally disposed of. 6. As such, the learned Civil Judge, Senior Division, Margao, is directed to proceed with the Inventory Proceedings No.80/2009 and dispose such proceedings in accordance with law as expeditiously as possible. The learned Judge shall also consider the objections raised by the Appellant in the said -3- proceedings with regard to the Gift Deed relied upon by the Respondents, in accordance with law. 7. The Appeal and Civil Application stands disposed of accordingly. The parties to act on the duly authenticated copy of this Order. F .M. REIS, J. arp/*