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2012 Supreme(Bom) 1872

F.M.REIS
Shantadurga Kumbarjuvenkarin Devasthan – Appellant
Versus
Balaji Ramnath Naik – Respondent


Advocates Appeared:
For the Petitioner:J.E. Coelho Pereira, Senior Advocate with V. Korgaonkar, Advocate.
For the Respondent:R.G. Ramani, Advocate.

Judgment

Heard Shri J. E. Coelho Pereira, learned Senior Counsel appearing for the Petitioners and Shri R. G. Ramani, learned Counsel appearing for the Respondents.

2. Rule. Heard forthwith with the consent of the learned Counsel. Learned Counsel appearing for the Respondent waives service.

3. The above Petition challenge the Orders passed by the Courts below whereby an application for temporary injunction filed by the Petitioners came to be dismissed.

4. Briefly, the facts of the case as contended by the Petitioners are that they are owners in possession of a property known as "Pandavwada" bearing survey no. 57/10 of the Village of Orgao, admeasuring 6125 square metres, which according to the Petitioners, is in their enjoyment and possession. It is further their case that on 19.02.2012, the Respondent and his attorney Shri Datta S. Naik, trespassed into the house existing in the said property by breaking open the lock of the door of the suit house and removed totally the Mangalore tiles of the roof and the wooden beams and rafters of the suit house. It is further their case that the Respondents started digging pit hole inside the suit house in order to put up a RCC foundation and





















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