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1996 Supreme(Bom) 313

T.K.CHANDRASHEKHARA DAS
Comunidade of Curtorim and another – Appellant
Versus
Antonio Dias and another – Respondent


JUDGMENT - T.K. CHANDRASHEKHARA DAS, J.:---The defendants in Special Civil Suit No. 2/90 filed this appeal. They challenge the order passed by the Additional Civil Judge, Senior Division, Margao, dated 14th February, 1994. By this order two applications have been disposed of by the Court below. One is Civil Miscellaneous Application No. 2/90 which has been filed by the plaintiffs for interim injunction restraining the defendants from demolishing or uprooting the plantation in the suit property or in any way interfering with the possession of the plaintiffs. Civil Miscellaneous Application No. 160/90/B was filed on behalf of the defendants praying to maintain status quo with regard to the suit property. Both these applications were disposed of by the trial Court by passing the order impugned in this petition. By this order Civil Miscellaneous Application No. 160/90 has been dismissed and the injunction sought by the plaintiffs in Civil Miscellaneous Application No. 2/90 has been granted.

2.The learned Counsel for the appellants Mr. D'Costa, has contended that the Court below has not considered the relevant material and the legal points urged before the Court below. He argues that an



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