Indian Kanoon - Search engine for Indian Law

Bombay High Court

Greenpark Hotels And Resorts Limited ... vs Comunidade Of Parra, Thr. Its Attorney on 4 September, 2024

                                        AO 23 of 2024

     shakuntala

               IN THE HIGH COURT OF BOMBAY AT GOA
                         APPEAL FROM ORDER NO.23 OF 2024
                                      WITH
                          CIVIL APPLICATION NO.74 OF 2024
              APPEAL FROM ORDER NO.23 OF 2024
GREENPARK HOTELS AND RESORTS
LIMITED REP. BY SENIOR MANAGER,
AUTH. SIGNATORY VENKATA M. RAO
VEMURI                                  ... APPELLANT
  Versus
COMUNIDADE OF PARRA, THR. ITS
ATTORNEY                                ... RESPONDENT
                          WITH
              CIVIL APPLICATION NO.74 OF 2024
GREENPARK HOTELS AND RESORTS
LIMITED REP. BY SENIOR MANAGER,
AUTH. SIGNATORY VENKATA M. RAO
VEMURI                                   ... APPLICANT
  Versus
COMUNIDADE OF PARRA, THR. ITS
ATTORNEY                                 ... RESPONDENT
Mr. Raunaq Rao, Advocate for Appellant.

                              CORAM:- BHARAT P. DESHPANDE, J.

DATED :- 4th September, 2024 P.C.

1. Heard Mr. Raunaq Rao learned counsel appearing for the Appellants.

2. The challenge in the present appeal is to the impugned order dated 03.07.2024 by which learned Trial Court rejected the application for temporary injunction filed by the Appellant/Plaintiff against the Respondent.

4th September, 2024 ::: Uploaded on - 04/09/2024 ::: Downloaded on - 06/09/2024 03:02:31 ::: AO 23 of 2024

3. Mr. Rao would submit that during the pendency of the said injunction application, a status quo was granted. He would further submit that inspite of such status quo, the Respondent continued the work and constructed the road by installing the pavers as well as lamp post into the property of the Appellant/Plaintiff upto the area of 39.75 sq.mts.

4. He submits that the learned Trial Court has committed an error in observing that the Appellant failed to prove possession of the said property though all the documents show ownership as well as possession of the Appellant.

5. He submits that there is a possibility that the Respondent may try to encroach further since the status quo was in operation till the disposal of the injunction application, and the fact that the Appellant is the owner of the said property, Respondent is directed to maintain status quo as on date with regard to the said area, allegedly encroached, till the next date.

6. Issue notice to the Respondent returnable on 03.10.2024.

7. Apart from regular service, service by all other modes is granted.

BHARAT P. DESHPANDE, J.

4th September, 2024 ::: Uploaded on - 04/09/2024 ::: Downloaded on - 06/09/2024 03:02:31 :::