Bombay High Court

PIEDADE MORAES THR HIS ATTORNEY, MR MOHAJAM SHAIKHversusMILAGRES MORAES AND 5 ORS

Disposal: Disposed of
Bench: VALMIKI MENEZES

Holding

The court stayed the demolition decree conditionally on the deposit of Rs. 5 lakhs compensation within four weeks.

Summary

The trial court issued a decree ordering demolition of structures on the applicant's property and awarding compensation for breach of setback regulations. The applicant appealed, arguing that execution of the decree would cause irreparable loss. The High Court considered the balance of convenience and the need to protect the applicant's interests pending the appeal. It granted a stay of the demolition decree, conditioning the stay on the applicant depositing the awarded compensation of Rs. 5 lakhs within four weeks. The stay will remain in effect until the appeal is finally disposed.

Issues considered

What is the appropriate remedy to prevent irreparable loss pending appeal against a demolition decree?
Should the stay of the decree be conditioned on the deposit of the awarded compensation?

Subjects

demolition decree
stay order
compensation
setback regulations
irreparable loss
civil appeal

Judgment

2026:BHC-GOA:611
                                             29 CA 64 2025

                Suzana

                         IN THE HIGH COURT OF BOMBAY AT GOA
                             CIVIL APPLICATION NO.64 OF 2025
                                         WITH
                                FIRST APPEAL NO.45 OF 2025
                         CIVIL APPLICATION NO.64 OF 2025
                                        IN
                            FIRST APPEAL NO.45 OF 2025
           PIEDADE MORAES THR HIS ATTORNEY,
           MR MOHAJAM SHAIKH                          ... APPLICANT
              Versus
           MILAGRES MORAES AND 5 ORS                  ... RESPONDENTS
                                      WITH
                            FIRST APPEAL NO.45 OF 2025
           PIEDADE MORAES THR HIS ATTORNEY,
           MR MOHAJAM SHAIKH                          ... APPELLANT
              Versus
           MILAGRES MORAES AND 5 ORS                  ... RESPONDENTS

           Mr. S. S. Kantak, Senior Advocate with Ms. Saicha Dessai,
           Advocate for the Applicant.
           Mr. Shane Coutinho, Advocate for Respondent No.1.
           Mr. Geetesh Shetye, Additional Government Advocate for
           Respondent No.3
           Mr. Rajiv Ambekar, Advocate for Respondent No.5.

                                CORAM:- VALMIKI MENEZES, J.
                                DATED :- 27th March, 2026

           P.C.


                   Heard.


           2.     The Decree passed against the Applicant is one for the demolition
           of certain structures on their property and for compensation for breach


                                               Page 1 of 2
                                             27th March, 2026
                                                     29 CA 64 2025


                   of the setback regulations. Considering the irreparable loss that would
                   be caused to the Appellants if the Decree were to be executed and the
                   demolition takes place, there shall be a stay of the operation of the
                   impugned Decree dated 31.07.2025. However, the Order of stay shall
                   operate on the deposit of the compensation amount of Rs. 5 lakhs
                   awarded by the trial Court, within a period of four weeks from today.
                   This Order shall operate till the disposal of the Appeal.


                   3.      The Application stands disposed of.



                                                               VALMIKI MENEZES, J.




Signed by: MARIA SUZANA REBELLO
Designation: Personal Assistant
                                                       Page 2 of 2
Date: 27/03/2026 15:04:09
                                                     27th March, 2026

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