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2014 Supreme(Bom) 412

U.V.BAKRE
Sterling Abodes – Appellant
Versus
Maria Celina Lobo – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:V.P. Thali, Advocate.
For the Respondents:M.B. D'Costa, Senior Advocate with K. Betquekar, Advocate.

Oral Judgment:

1. Heard Mr. Thali, learned Counsel appearing on behalf of the petitioners and Mr. D'Costa, learned Senior Counsel appearing on behalf of the respondents.

2. Rule. Rule is made returnable forthwith. By consent, heard forthwith.

3. By this petition, the petitioners have taken exception to the order dated 20/08/2013, passed by the learned Civil Judge, Junior Division at Panaji, in Regular Civil Suit No. 46/2000/C.

4. Petitioners are the plaintiffs whereas respondents are the defendants in Regular Civil Suit No. 46/2000.For the sake of convenience, the parties shall hereinafter be referred to as per their status in the said suit.

5. The plaintiffs have filed the said suit for injunction. The said suit was filed in March, 2000. On 11/08/2001, the defendant no. 1 died and her legal heirs were brought on record. On 22/01/2013, the trial Court passed an order directing that the suit shall proceed ex-parte against the defendants. On 18/05/2013, defendants no. 2, 3(a), 3(b), 3(c), 3(d) and 3(e) filed an application before the trial Court praying that the said ex-parte order dated 22/01/2013 be set aside and the said defendants be granted an opportunity for filing their wr



















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