1 IN THE HIGH COURT OF BOMBAY AT GOA APPEAL FROM ORDER No.33 of 2010 and Civil Application no.154 of 2010 1. Mrs. Bernadette Fernandes, daughter of Theodore Anthony Ribeiro, 54, housewife, and her husband 2. Mr. Felix A. Fernandes, son of Domnic Fernandes, 59, Chartered Accountant, both residing at 7, Hope Crest, 14 St. Paul Road, Bandra (W), Mumbai 5000 50. …. Appellants V e r s u s 1. Mrs. Norma Martin, housewife, 64, widow of late Manuel Martin and 4 others. ….. Respondents. Mr. Valmiki Menezes, advocate for the appellants. Mr. Sudin M.S. Usgaonkar, advocate for respondent no.5. Coram: A. P. Lavande, J. Date: 3rd, February, 2011. P.C: Heard Mr. Menezes, learned counsel for the 2 appellants and Mr. Usgaonkar, learned counsel for the respondents. 2. This appeal is preferred against the judgment and order dated 26/7/2010 passed by the Civil Judge, Senior Division, Mapusa in Special Civil Suit No.1/2010/ B by which applications for temporary injunctions dated 4/1/2010 and 6/3/2010 filed by the appellants/plaintiffs in the suit have been dismissed. 3. Having heard the learned counsel for the parties and having regard to the settled principles of law governing interference by the appellate court with the order granting or refusing injunction passed by the trial court, I am not inclined to interfere with the impugned order passed by the lower Court in exercise of its discretion. However, it is made clear that constructions undertaken and to be undertaken in future shall be subject to the result of the suit and defendants shall not be entitled 3 to claim any equity on the ground that they have incurred expenditure. In case the defendants choose to enter into agreements in future the defendants shall put the transferees on notice about the pendency of the suit. 4. With the above observation the appeal stands disposed of. Consequently, Civil application no.154/2010 also stands disposed of. A. P. Lavande, J. Ap/-