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2011 Supreme(Bom) 1486

A.P.LAVANDE
Heriberto Francisco Maria DCunha alias Heriberto DCunha – Appellant
Versus
Victor Luis Monteiro – Respondent


Judgment:

1. Heard learned counsel for the parties. rUle. By consent, heard forthwith.

2. By this petition, the petitioners take exception to the order dated 6th september, 2011 passed by the civil judge, s. D., vasco in special civil suit no.65/1997/b by which the application for amendment dated 26 th july, 2011 filed by respondent nos.5 and 6/ defendant nos. 5 and 6 in the suit, has been allowed. The parties shall hereinafter be referred to as per their status before the trial court.

3. The petitioners are the plaintiffs in the above suit filed against the respondents/ defendants seeking relief of declaration that the sale deeds dated 21 st may, 1996 and 19 th september, 1996 are null and void. The plaintiffs have also sought further declaration and permanent injunction against the defendants. The defendant nos.5 and 6, who were joined in the suit at the later stage, filed written statement in january, 2007. Thereafter, the plaintiffs sought leave to produce power of attorney dated 22 nd november, 1975 executed by ana maria fermina trinidade saldanha e cunha in favour of augusto antonio francisco maria do rosario rodrigues which was allowed by the trial court in spite of the obje











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