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2013 Supreme(Bom) 908

U.V.BAKRE
Maria Felicia D'Souza e Fernandes – Appellant
Versus
Luis D'Souza – Respondent


Advocates Appeared:
For the Appellants:Joseph Vaz, Advocate.
For the Respondents:R1 to R6, Nigel Da Costa Frias, Advocate, R11 & R12, K. Noorani, Additional Government Advocate.

Judgment :

Parties were put to notice that the matter shall be finally disposed of at the stage of admission.

2. Heard Mr. J. Vaz, learned counsel for the appellants, Mr. Nigel Da Costa Frias, learned counsel for respondents no. 1 to 6 and Mr. K. Noorani, learned Additional Government Advocate for respondents no.11 and 12.

3. This appeal arises out of the judgment, order and decree dated 09.07.2012, passed by the learned District Judge-1, North Goa, Panaji, in Civil Suit No. 68/2009, thereby rejecting the plaint as against defendants no.11 and 12 and further directing that the plaint be returned to the plaintiffs to be re-presented before the learned Civil Judge Senior Division, Mapusa.

4. For the sake of convenience, parties shall hereinafter be referred to in the manner in which their names appear in the cause title of Civil Suit No. 68/2009.

5. Facts, relevant for disposal of this appeal, are as under:

Initially, the plaintiffs had filed Special Civil Suit No. 113/2005/C, before the Civil Judge Senior Division, Mapusa, against the defendants no. 1 to 10 and Government was not a party to that suit. The suit was for declaration that the plaintiffs were co-owners of the suit prop



























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