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2026 DAILYLAW 11220 (BOM)

AKAR CREATIONS PVT. LTD REPRESENTED BY MANAGING DIRECTOR AVINASH SADANAND BORKAR AND 7 ORS v. LETELLIER SHOLLET GUSMO AND 6 ORS

CA/53/2026 · 2026-09-24

body2026

Judgment text

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20-CA-53-2026.DOC Suchitra IN THE HIGH COURT OF BOMBAY AT GOA CIVIL APPLICATION NO.53/2026 IN FIRST APPEAL NO.32/2026 AKAR CREATIONS PVT. LTD. REPRESENTED BY MANAGING DIRECTOR AVINASH SADANAND BORKAR AND 7 ORS. … APPLICANTS Versus LETELLIER SHOLLET GUSMO AND 6 ORS. … RESPONDENTS Mr S. D. Lotlikar, Senior Advocate with Ms Neelam Patil, Advocate for the Applicants. Mr C. A. Coutinho, Senior Advocate with Mr Ivan Santimano, Advocate for Respondent Nos.1 and 2. Mr Omkar hakur (thr VC) and Ms Komal Naik, Advocates for Respondent Nos.3 to 5 (thr VC). Mr E. Furtado, Advocate for Respondent No.6. WITH FIRST APPEAL NO.55/2026 WITH CIVIL APPLICATION NO.86/2026 IN FIRST APPEAL NO.55/2026 IONA EREMITA E RONCON PEREIRA AND 2 ORS. … APPELLANTS Versus LETELLIER SHOLLET GUSMO PAULO RONCON PEREIRA AND 11 ORS. … RESPONDENTS Mr Omkar hakur (thr VC) and Ms Komal Naik, Advocates for the Appellants. Page 1 of 3 24th September 2026 20-CA-53-2026.DOC Mr C. A. Coutinho, Senior Advocate with Mr Ivan Santimano, Advocate for Respondent Nos.1 and 2. Mr E. Furtado, Advocate for Respondent No.3. Mr S. D. Lotlikar, Senior Advocate with Ms Neelam Patil, Advocate for Respondent No.5. CORAM: VALMIKI MENEZES, J. DATED: 24th SEPTEMBER 2026 P.C. : 1. his is an application seeking stay of the Judgment and Decree dated 31.01.2026 passed in the Civil Suit No.31/2008/II by which the Suit of Respondent No.1 (original plaintif) has been decreed. he impugned decree sets aside certain sale deeds whose dates are 09.10.2006, 08.07.2016 and 13.03.2019 transferring the suit property in favour of the present Appellant who is the original defendant nos.6 to 12a. 2. Considering that the efect of grant of stay of the impugned decree would entitle the Appellant to develop or deal with the suit property, in the aforementioned facts, I deem it appropriate to stay the operation of the impugned Judgment and Decree dated 31.01.2026 putting the Appellant to the following conditions: (a) During the pendency of the appeal the Appellant shall not change the nature and status of the property. (b) He shall not part with the possession of the property or create third party rights therein. Page 2 of 3 24th September 2026 20-CA-53-2026.DOC (c) No development of whatsoever nature shall be carried out on the suit property. 3. he Civil Application No.53/2026 stands disposed of in the aforesaid terms. VALMIKI MENEZES, J. 24th September 2026 Signed by: SUCHITRA NANDAN SINGBAL Designation: Personal Assistant Date: 28/09/2026 12:43:08