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2008 Supreme(Bom) 1117

S.C.DHARMADHIKARI, R.C.CHAVAN
Bina Alhad Naik – Appellant
Versus
Deu Keshav Naik – Respondent


Advocates appeared:
J.E. Coelho Pereira, Sr. Adv. with V. Korgaonkar, for appellant, Shivan Desai, for respondent Nos. 1 & 2.
T. George John, holding for G. Kanekar, for respondent Nos. 3 & 4.

DHARMADHIKARI S.C., J.:-

The appellant is the original plaintiff. The appellant instituted a suit in the Civil Court being Special Civil Suit No. 74/2001. The suit was filed with following prayers.

"(a) This Hon. Court be pleased to order the defendant No.1 to hand over, to the plaintiff.

the vacant possession of the said flats Nos. S-1, S-2, S-3 and S-4 in Block-A, on the second floor of the said building known as "Deekay Plaza" on the property Surveyed under No. 205, Sub-Division, No.3, situated at Calangute, Bardez, Goa, after evicting the defendants Nos. 3 and 4 there from, in accordance with an agreement dated 22.8.1998 executed. by and between the plaintiff and the defendant No.1 or in the alternative (a) This Hon. Court be pleased to order the defendants jointly and/or severally to pay the sum of Rs. 23,10,000/- (Rupees twenty three lakhs ten thousand only), Rs. 15,00,000/being the principal sum and Rs. 8,10,000/being the interest up to the date of filing of the present suit, together with further interest at the rate of 18% p.a. from the date of filing of the present suit.

(b) This Hon. Court be pleased to grant a permanent injunction restraining the defendants, their agents, s
















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