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2010 Supreme(Bom) 1301

A.P.LAVANDE
Datta Raghoba Sawant – Appellant
Versus
Ashok Tukaram Naik Salgaonkar – Respondent


Advocates Appeared:
For the Appellants:Shivan Dessai, Advocate.
For the Respondents:S.D. Lotlikar, Senior Advocate with P. Lotllikar, Advocate.

Judgment :

By this appeal, the appellants/defendants have challenged Judgment and decree dated 21.3.2000 passed by the Additional District Judge-II, North Goa, Panaji, in Miscellaneous Civil Appeal No.142 of 1999 setting aside the order dated 14.10.1999 passed by the Civil Judge Senior Division, Mapusa allowing an application under Section 144 of Civil Procedure Code filed by the appellants/defendants.

2. Briefly, the facts relating to filing of the present appeal are as under:

The respondents filed Civil Suit no.51/1978 in the Court of Civil Judge Senior Division, Mapusa seeking permanent injunction in respect of the suit shop situated in Mascarenhas building near Municipal garden Mapusa, against the original appellant no.1 Datta Raghoba Sawant and appellant no. 2. In the suit, the respondents claimed that they were in possession of the suit shop and the appellants had trespassed in the said shop. Along with the suit, an application for temporary injunction was filed. The learned trial Judge granted ex parte injunction restraining the defendants from entering the suit shop and from interfering in any manner and from obstructing the plaintiffs from their enjoyment of the suit shop.







































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