Bombay High Court
ELIZABETH REGO THR POA ANA CARMINA ZWEIGARTversusGAURESH AUDHOOT NAYAK ALIAS MR. GAURESH NAYAK AND ANR
- Disposal
- Disposed of
Holding
The trial court shall hear and decide both the objection to the MoU and the temporary injunction application expeditiously, with a hearing fixed for 13 October 2026 and a decision to be rendered within four weeks.
Summary
The petitioner filed a writ petition seeking a direction to the Civil Judge, Senior Division at Mapusa, to decide a preliminary objection concerning a Memorandum of Understanding (MoU) dated 8 November 2023. The objection alleged that the MoU was neither registered nor sufficiently stamped as required under Section 35 of the Indian Stamp Act. The respondents replied, stating that they have also filed an application for a temporary injunction to prevent alienation of the suit property, and urged that both the MoU objection and the injunction application be heard together for expeditious justice. The Court noted that the trial court has fixed a hearing for 13 October 2026 and directed the parties to cooperate, with a view that the trial court decide the matters within four weeks thereafter. Accordingly, the writ petition was disposed of on those terms.
Issues considered
- Whether the Memorandum of Understanding is required to be registered and stamped under Section 35 of the Indian Stamp Act for adjudication by the Collector.
- Whether the trial court should decide the objection to the MoU and the application for temporary injunction together and expeditiously.
Legislation cited
- Indian Stamp Act — s. 35
Subjects
- Memorandum of Understanding
- Stamp duty
- Registration
- Temporary injunction
- Civil Procedure
- Writ petition
Judgment
2026:BHC-GOA:1977
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
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5th October, 2026
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.
Signed by: TARI AMRUT NAGESH
Designation: Private Secretary
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Date: 05/10/2026 17:13:03
5th October, 2026
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