FLORINDA BHARDWA Vs. DATTA DAMODAR KAKULE

JUDGEMENT

(1.) Heard both the parties.

(2.) The appellants defendants have filed this appeal against the interim order passed by the Civil Judge, Senior Division, Mapusa dated 17/11/2003, whereby in temporary injunction application, it was directed that the defendants shall maintain status quo in respect of the suit access and were further directed not to interfere with the suit strip lying to the west of the suit plot and not to create third party interest or transfer the suit plot until the suit was decided on merits.

(3.) While the appeal was brought in this Court, by order dated 30/04/2004, this Court directed that the order of the lower Court should be restricted to the maintenance of status quo in respect of the use of the access and respondent was not pressing for any other reliefs. On that basis, it was further directed that the applicants be permitted to pluck the fruits of the trees in the disputed strip. The applicants were also permitted to transfer the property subject to the condition that the transferee would not get better title and would be bound by the result of the litigation. On this order, the civil application accompanying the appeal came to be disposed of.