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2013 Supreme(Bom) 2317

U.V.BAKRE
Jyotin Chopra – Appellant
Versus
Aleixo Domingos Fernandes – Respondent


Advocates Appeared:
For the Appellants:S. S. Kantak, Senior Advocate with P. Talaulikar, Advocate.
For the Respondents:R1 to R9, M.B. D'Costa, Senior Advocate with Ms. K. Betquekar, R12, S.D. Lotlikar, Senior Advocate with C. Padgaonkar, R10 & R11, D. Vernekar, Advocates.

Judgment :

Heard Mr. Kantak, learned Senior Counsel appearing on behalf of the appellants, Mr. D'Costa, learned Senior Counsel appearing on behalf of the respondents no. 1 to 9, Mr. Lotlikar, learned Senior Counsel appearing on behalf of the respondent no. 12 and Mr. Vernekar, learned Advocate appearing on behalf of the respondents no. 10 and 11.

2. Admit. Heard forthwith with the consent of the learned counsel for the parties.

3. This appeal is directed against the order dated 16/03/2013 passed by the learned Civil Judge Senior Division at Mapusa, whereby the application for temporary injunction (Exhibit D-4) filed by the appellants in Special Civil Suit No. 48/2012, has been dismissed.

4. Parties shall hereinafter be referred to in the manner in which their names appear in the cause title of the Special Civil Suit No. 48/2012/C. The appellants are the plaintiffs and the respondents are the defendants.

5. Plaintiffs have filed the said Special Civil Suit No. 48/2012/C for declaration, specific performance and other reliefs and in that suit, they had filed the said application (Exhibit D-4) for temporary injunction, to restrain the defendant no. 12, his heirs, administrators, repre



























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