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2015 Supreme(Bom) 1684

C.V.BHADANG
Boshan Developers Pvt. Ltd. , a Private Limited Company, registered – Appellant
Versus
Communidade of Bordem, Through its Special Attorney – Respondent


Advocate Appeared:
Shri Shivan Dessai, Shri V. P. Thali, Advocate for the petitioner.
Shri A. D. Bhobe and Shri S. Kamat, Advocates for the respondent no.1.
Shri V. P. Thali, Shri Shivan Dessai, Advocate for the respondent no.2.
Shri A. V. Halarnkar holding for Shri S. D. Padiyar, Advocate for the respondent no.3.

JUDGMENT :

Heard.

Admit. The learned Counsel for the respondent waives service. Heard finally, by consent.

2. Both these Civil Revision Applications challenge the order dated 18/06/2015 passed by the learned Adhoc District Judge at Mapusa in Civil Suit No.6/2015. By the impugned order, the applications filed by the defendant nos.1 and 2 under Order VII, Rule 11(d) of C.P.C., have been dismissed. As the Civil Revision Applications arise out of the same order and involve common and connected questions of law and fact, they are being disposed of by this common judgment.

3. The first respondent Comunidade of Bordem is the original plaintiff while Shri Shantadurga Sangordekarin Devasthan (Devasthan, for short) and M/s. Boshan Developers Pvt. Ltd, the petitioners in these Revision Applications are respectively the defendant nos.1 and 2 before the Trial Court. Bicholim Municipal Council and the Town and Country Planning Department are respectively the defendant nos.3 and 4 while State of Goa is the original defendant no.5.

4. The Comunidade is seeking a declaration that the Agreement

















































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