MARIA MENEZES Vs. ERIC FERNANDES

JUDGEMENT

(1.) THE appellants/plaintiffs have preferred this appeal against the judgment and order passed by the Additional Civil Judge, Senior Division, Margao, whereby the application for temporary injunction came to be dismissed.

(2.) AFTER hearing both the parties for sometime and looking in the nature and tenure of the appeal, it is seen that the suit is of the year 2001, wherein the application for temporary injunction was filed, which ultimately came to be rejected. The suit itself pertains to the possession of the suit property, wherein the restaurant is run and possession of the premises alongwith the articles therein, and other certain consequential reliefs. However, it is clear that the adjudication of the interim matter would not settle the dispute, nor the interest of the parties would be served by deciding the interim matter in this appeal. Therefore, it is directed that the trial Court shall take up the matter for adjudication on merits, after giving opportunity to both the sides to lead their evidence, within one year from the date of the receipt of the writ of this Court. With these directions, the appeal stands disposed of with no order as to costs.