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2011 Supreme(Bom) 1333

F.M.REIS
Antonio Francisco Ligorio – Appellant
Versus
Inacio Filipe Fernandes – Respondent


Advocates appeared:
Mr. Sudin Usgaonkar, for the petitioners.
Mr. J. Godinho, for the respondent Nos. 3 to 13.

JUDGMENT

F.M. REIS, J.

1. Heard Shri Sudin Usgaonkar, learned Counsel appearing for the Petitioners and Shri J. Godinho, Advocate for the Respondent Nos. 3 to 13. The Respondent Nos. 1 and 2 duly served remained absent. Notice was issued for final disposal at the time of admission.

2. Rule, Heard forthwith with the consent of the learned Counsel. Learned Counsel appearing for the Respondent Nos. 3 to 13 waives service.

3. The above Petition challenges the Order passed by the learned Civil Judge, Senior Division, at Margao, dated 29.08.2011, whereby an application for amendment of the plaint to rectify the prayer clause came to be rejected.

4. It is the contention of the Petitioners that there was a typographical error in the prayer clause of the plaint whereby by inadvertence prayer clause (a) of the plaint does not disclose that the southern half is to be allotted to the Petitioners and the northern half is to be allotted to the heirs of Minguel Joao. It is the case of the Petitioners at para 3 of the plaint that in view of the Judgment passed on 25.04.1996 in Regular Civil Suit No. 9 of 1981, the southern part of the house was belonging to the family of Joao Santana, who are the Petit

























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