S.B.SHUKRE
Jorge Alexandre Cruz Lourenco – Appellant
Versus
Lucas Fernandes – Respondent
Heard. Rule. Rule made returnable forthwith, Heard finally by consent.
2. By this Writ Petition, the petitioner has challenged the legality and correctness of the orders, which are, the order dated 9-9-2015 passed in Regular Civil Suit No. 145/2015 passed by the first Additional Senior Civil Judge, Margao, thereby granting temporary mandatory injunction to the respondents and second, the order dated 1-12-2015 passed in Miscellaneous Civil Appeal No. 60/2015 by District Judge-1, South Goa, Margao, thereby confirming the order granting temporary mandatory injunction.
3. The dispute between the petitioner and the respondents is a dispute between the landlord and the tenants in respect of right of way or access shown in the plan annexed to the plaint. It is the contention of the respondents-original plaintiffs that the access (hereinafter called the “suit access”) to their tenanted premises has been blocked by the petitioner by means of a gate erected by him and kept under locked condition.
4. According to the petitioner- original defendant, the respondents have an alternate access passing through another piece of land situated on the backside of the house and access as claimed
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