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2026 DAILYLAW 14065 (BOM)

ELIZABETH REGO THR POA ANA CARMINA ZWEIGART v. GAURESH AUDHOOT NAYAK ALIAS MR. GAURESH NAYAK AND ANR

WP/1368/2026 · 2026-10-05

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Judgment text

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22 WP 1368 2026 Amrut IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.1368 OF 2026 ELIZABETH REGO THR POA ANA CARMINA ZWEIGART ... PETITIONER Versus GAURESH AUDHOOT NAYAK ALIAS MR. GAURESH NAYAK AND ANR ... RESPONDENTS Mr Pranay A. Kamat, Advocate for Petitioner. Mr J. J. Mulgaonkar and Ms S. Parulekar, Advocates for Respondents. CORAM:- S. G. CHAPALGAONKAR, J. DATED :- 5th October, 2026 P.C.: 1. The present petition is filed for innocuous prayer to direct the learned Civil Judge Senior Division at Mapusa, to decide the objection as regards impounding Memorandum of Understanding dated 8th November 2023 and the application for temporary injunction in Special Civil Suit No.139/2026/A, expeditiously as possible. 2. Heard learned Advocates appearing for respective parties. Admittedly, the Petitioner has raised a preliminary objection that Memorandum of Understanding is not registered and is not sufficiently stamped, as required for adjudication by the Collector 5th October, 2026 2026:BHC-GOA:1977 22 WP 1368 2026 under Section 35 of the Indian Stamp Act. 3. The aforesaid objection was duly replied on behalf of Respondents and it is pending consideration before trial Court. It is submitted on behalf of Respondents that Respondents have filed application seeking temporary injunction in the nature of not to alienate suit property to any third party. In that view of the matter, it would be in the interest of justice if the trial Court decides on the issue of impounding Memorandum of Understanding as well as the issue of temporary injunction expeditiously by granting opportunity of hearing to both parties. It is reported now that matter is fixed for hearing before trial Court for aforesaid purpose on 13th October 2026. If that is so, parties to cooperate with the trial Court for adjudication of aforesaid issue and trial Court shall endeavour to decide the same within a period of four weeks thereafter. 4. Writ Petition stands disposed of in aforesaid terms. S. G. CHAPALGAONKAR, J. 5th October, 2026 Signed by: TARI AMRUT NAGESH Designation: Private Secretary Date: 05/10/2026 17:13:03