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2025 Supreme(SC) 742

PAMIDIGHANTAM SRI NARASIMHA, JOYMALYA BAGCHI
Filomena Saldanha Through Power Of Attorney Mr. Frazier Saldanha – Appellant
Versus
Sunil Kohli Represented By His Power Of Attorney, Mr. Naval Bowry – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Sameer Abhyankar, AOR Ms. Ripul Swati Kumari, Adv. Mr. Krishna Rastogi, Adv.
For the Respondent(s): Mr. Govind Jee, Adv. Mr. Omanakuttan K. K., AOR Mr. Vaishak Omanakuttan, Adv.

JUDGMENT :

PAMIDIGHANTAM SRI NARASIMHA, J.

1. Delay condoned. Leave granted.

2. These appeals are directed against the order dated 28.02.2023 passed by the High Court of Judicature at Bombay at Goa in an Application for Speaking to Minutes in Misc. Civil Application No. 176/2022 in Writ Petition No. 157 of 2019; and order dated 18.01.2024 of the High Court in Review Application (Civil) No. 10/2023 dismissing the review petition.

3. Brief facts necessary for the disposal of these appeals are as follows. The respondent filed an appeal under Section 66(2) of the Goa Panchayat Raj Act, 19941[Hereinafter referred to as the ‘Panchayat Act’.] before the Deputy Director of Panchayats challenging the Village Panchayat’s refusal to issue a construction licence in his favour. This licence would have allowed the respondent to raise a construction on his land, which is adjacent to the land of the appellant. The Deputy Director of Panchayats allowed the appeal by an order dated 29.01.2013 and directed the Village Panchayat to grant the construction licence. Claiming that this construction would adversely affect the pathway, the appellant challenged the order of the Deputy Director of Panchayats by w

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