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2010 Supreme(SC) 24

G.S.SINGHVI, ASOK KUMAR GANGULY
Abdul Razak (D) Through L. Rs. – Appellant
Versus
Mangesh Rajaram Wagle – Respondent


Advocates appeared:
For the Appellants :A. Sharan, Senior Advocate, Anis Suhrawardy, Shamama Anis, S. Mehdi Imam, Tabrez Ahmed, Advocates.
For the Respondents:Devatatt Kamat, Ms. Priyanka Telang, Rauf Rahim, Dinesh Kumar Garg, Abhishek Garg, Dhanjayan Garg, Advocates.

Judgment :-

G.S. Singhvi, J.

1. Leave granted.

2. The appellants are aggrieved by the order of the learned Single Judge of the Bombay High Court, Goa Bench whereby he allowed the writ petition filed by respondent Nos. 1 and 2 and granted their prayer for striking off the additional written statement filed by the appellants after their impleadment as legal representatives of defendant No.2 - Abdul Razak.

3. Respondent Nos. 1 and 2 filed suit in the Court of Civil Judge (Senior Division), Panaji (hereinafter described as `the trial Court) for declaring them as lawful tenants of suit premises and also for restraining the defendants – Suresh D. Naik (respondent No.3 herein) and Abdul Razak, who died during the pendency of the suit and is being represented by his legal representatives (appellants herein) to remove the lock allegedly put by respondent No.3 on the suit premises along with materials dumped there. An alternative prayer made by respondent Nos. 1 and 2 was for recovery of possession of suit premises in case it was held that they had already been dispossessed. The substance of the case set up by respondent Nos. 1 and 2 before the trial Court is that the suit premises were let o





















































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