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2009 Supreme(Bom) 664

ROSHAN DALVI
Harischandra Lekhraj Melwani – Appellant
Versus
Bhalchandra Naik – Respondent


Advocates appeared:
Mr. HARESH JAGTIANI. Sr. Adv. with Mr. PARAG RAO, for Petitioners.
Mr. R. SATARDEKAR, for Respondents.

JUDGMENT :

This Criminal Application challenges the order of the learned Judicial Magistrate, First Class (JMFC). Sattari at Volpoi, issuing process against the Petitioners in a complaint filed by the Respondent herein in Criminal Case No.20/P/2005 and the order of the Ad-hoc Additional Sessions Judge. Fast Track Court at Panaji in Criminal Revision Application No.89 of 2007. dated 5.3.2008.

2. The parties have been ll1volved in a series of litigation by and between them essentially of civil nature pursuant to they being neighbours in their professional work. The Petitioners as well as the Respondent have mining lease/mining concession of 2 adjacent mines, common boundary of which has caused serious disputes between them with regard to access to their respective mining areas.

3. This Application is not concerned with the legal rights, if any, of either of the parties in the mining lease/mining concession claimed by them, However, it would be important to set out and understand the various actions undertaken and orders obtained by both the parties since last 2 decades in respect of the rights claimed and the disputes that emanated for both of them.

4. The earliest dispute is reflect



























































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