-1- IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 220 OF 2004 Smt. Gulabi Vasu Shetty, widow, aged 83 years, housewife, resident of Flats Nos.9 and 10, Utkarsh Co-operative Society, Sasmolem, Baina, Vasco-da-Gama, Goa 403 802, represented by her Power of Attorney, Shri Naveen V. Shetty, 35 years, Indian National, resident of Flat Nos.9 and 10, Utkarsh Co-operative Society, Sasmolem, Baina, Vasco-da-Gama, Goa 403 802 …... Petitioner V e r s u s Shri Anand Shrikrishan Naik Pednekar, major in age, businessman, resident of Pednekar Building, Market Baina, Vasco-da-Gama, Goa. 403 801. …... Respondent Mr. S. G. Dessai, Senior Advocate with Mr. Pavithran A.V, Advocate for the Petitioner. Mr. S. D. Lotlikar, Senior Advocate with Ms. Sudha Pai Kir, Advocate for the Respondent. Coram :- F. M. REIS, J Date : 2 nd December, 2011. ORAL JUDGMENT Heard Shri S. G. Dessai, learned Senior Counsel appearing for the WP-220-04 -2- Petitioner and Shri S. D. Lotlikar, learned Senior Counsel appearing for the Respondent. 2. The above Petition challenges the Order dated 10.03.2004 passed by the learned Addl. District Judge, South Goa, Margao, in Misc. Civil Appeal no. 89/2003, whereby the Appeal preferred by the Petitioners seeking for mandatory injunction came to be rejected. 3. During the course of the hearing of the above Petition, it was brought to my notice by the learned Counsel appearing for the Petitioners that an interim Order was passed by this Court dated 06.05.2004 which is in operation up to this day. Learned Senior Counsel further pointed out that the suit filed by the Petitioners is also ready for final disposal before the learned Civil Judge, Junior Division, at Vasco da Gama. 4. Considering the said aspect and taking note of the fact that the Petitioners were seeking a mandatory injunction which can be granted in exceptional circumstances, I find that no interference is called for in the impugned Order as no case is made out for any mandatory injunction. However, the interim Order passed by this Court dated 06.05.2004, shall continue to be in operation pending disposal of the Regular Civil Suit No. 33/2003 before the learned Civil Judge, Junior Division at Vasco da Gama. 5. In view of the above, I pass the following : WP-220-04 -3- ORDER (i) The interim Order passed by this Court dated 06.05.2004 shall continue to be in operation pending the hearing and final disposal of the Regular Civil Suit No. 33/2003 before the learned Civil Judge, Junior Division at Vasco da Gama. (ii) The learned Civil Judge Junior Division, V asco da Gama, is directed to dispose of the suit filed by the Petitioners as expeditiously as possible in any event within six months from the date of receipt of this Order. (iii) Rule is disposed of in the above terms. (iv)Petition is disposed of with no Orders as to costs. F .M. REIS, J. arp/* WP-220-04