Bombay High Court

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

Disposal: Disposed of

Holding

The Court granted a stay of the impugned judgment and decree, subject to conditions restricting any change, possession, third‑party rights, or development of the suit property.

Summary

The High Court of Bombay at Goa entertained a civil application (No.53/2026) seeking a stay of the judgment and decree dated 31‑01‑2026 in Civil Suit No.31/2008/II, which had set aside three sale deeds transferring the suit property to the appellant (original defendant). The appellant argued that staying the decree would allow it to develop or otherwise deal with the property pending appeal. The Court, considering the potential prejudice to the appellant and the need to preserve the status quo, granted a stay of the decree subject to strict conditions: the appellant may not alter the nature or status of the property, may not part with possession or create third‑party rights, and may not undertake any development on the property. The application was disposed of on these terms, effectively staying the operation of the impugned judgment until the appeal is decided.

Issues considered

Whether a stay of the judgment and decree dated 31‑01‑2026 should be granted pending the appeal
Whether conditions should be imposed on the appellant to preserve the status quo of the suit property

Subjects

stay of decree
civil suit
property rights
injunction
appeal
conditions of stay

Judgment

                           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.




Signed by: SUCHITRA NANDAN                                        Page 3 of 3
SINGBAL                                                     24th September 2026
Designation: Personal Assistant
Date: 28/09/2026 12:43:08

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