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2009 Supreme(Bom) 252

C.L.PANGARKAR
Francisco Eudes Dias Lazaro – Appellant
Versus
Antonio Paixao Dias Lazaro – Respondent


Advocates:
Advocate Appeared:
Mr. Arjun F. Naik, Advocate, for the appellant:Mr. G. Agni, Advocate, for the respondent Nos. 1 and 2:Mr. A. Kamat, Advocate, for the respondent Nos. 3 and 4.

Judgment

C.L. Pangarkar, J.

This is an appeal against the order passed by the Ad-hoc District Judge, Fast Track Court-I, Panaji, whereby she dismissed the application of the present appellant for temporary injunction.

2. The appellant/plaintiff and the defendants/respondents are the immediate neighbours. The defendants after demolition of their house wanted to make a new construction on their plot. The defendants accordingly applied to the Town and Country Planning Department for the construction of the house. Similarly, they applied to the Village Panchayat for grant of permission to make the construction. The plaintiff feels aggrieved by the grant of such permission to the defendants on the ground that according to the plaintiff, the construction sought to be made by the defendants is in breach of Rule 12 of the Goa, Daman and Diu village Panchayats (Regulations of Buildings) Rules, 1971. According to the plaintiff, the defendants were bound to leave set back of 3 mtrs., on plaintiffs side. It is contended that the plan would show that the set back which is left by the defendants is 1.5 mtrs., which according to the plaintiffs is in breach of Goa. Daman and Diu village panchayats (R






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