MINGUEL FERNANDES Vs. CHIEF SECRETARY STATE OF GOA

JUDGEMENT

(1.) HEARD learned Counsel for the parties. The appellants plaintiffs have preferred this appeal against the order passed by the trial Court, dismissing their application for temporary injunction which was made against the respondents defendants, including the State.

(2.) AFTER hearing both the parties for sometime and perusing the record, it was submitted by the parties that the stage of recording evidence in the said suit has already commenced and the plaintiff's affidavit of evidence is already on record since March, 2006. In view of this position, I am of the view that it would be in the interest of both the parties to prosecute the cause in the suit itself, which would be the final adjudication instead of prosecuting the present appeal which would not put an end to the dispute at any rate between the parties even if it is adjudicated one way or the other.

(3.) UNDER the circumstances, it is, hereby, directed that the trial Judge shall proceed with the adjudication of the suit, so as to complete it by end of January, 2007, after giving opportunity to both the sides to advance their evidence as per law.