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2004 Supreme(SC) 1669

S.B.SINHA, S.H.KAPADIA
Yeshwant Sakhalkar – Appellant
Versus
Hirabat Kamat Mhamai – Respondent


JUDGMENT :

1. Leave granted.

2. These appeals are directed against the judgment and order dated 27th March, 2003 passed by the High Court of Bombay at Goa in Writ Petition Nos. 326-327 of 2002 whereby an order passed by the Additional District Judge, Panaji in Miscellaneous Appeal No. 61 of 1998 allowing an appeal from an order of the trial Court in suit No. 63/97/B refusing to pass an order of interim injunction was set aside.

3. Having regard to the order proposed to be passed by us, it is not necessary to delve deep into the factual matrix. Suffice it to state that the respondents herein filed a suit for injunction against the appellant claiming, inter alia, the following reliefs :

    "(a) That this Hon'ble Court may be pleased, by way of permanent injunction, to restrain the defendants including their family members, agents, serv-ants and labourers from raising any structure or construction in place of the demolished suit premises and from constructing anything above the ground floor of the structure;

    (b) For a mandatory injunction, directing the defendants to place zinc sheets above the ground floor with the existing ground floor walls as the support in order to prevent the monsoon wa

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