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2017 Supreme(Bom) 1671

NUTAN D.SARDESSAI
Joaquim D'souza (since deceased) – Appellant
Versus
Piru Ganesh Tulaskar, (since deceased) – Respondent


Advocates Appeared:
For the Petitioners:Rohit Bras De Sa, Advocate
For the Respondents:Deepak Gaonkar, Advocate

JUDGMENT :

1. Heard Shri Rohit Bras De Sa, learned Advocate for the Petitioner and Shri Deepak Gaonkar, learned Advocate for the Respondents.

2. This petition takes exception to the order dated 29/01/2016 passed by the Administrative Tribunal in Mundkar Revision Application No. 30/2017 pursuant to which the learned Tribunal dismissed the revision petition filed by the petitioners arising from the Judgment of the learned Deputy Collector, Mapusa dated 19/07/2017.

3. It was the contention of Shri Rohit Bras De Sa, learned Advocate for the petitioner that the Administrative Tribunal had observed at paragraph 15 that “The Applicants have filed an application for negative declaration. Till the mundkar issue is finally decided, the suit dwelling house and the optional area provided under the Act which is subject matter of the said proceedings is required to be protected. If the injunction is not granted then great prejudice shall be caused to the Respondents.” The revision petition was dismissed as the application for negative declaration filed by the petitioner was pending. The negative declaration was granted to the petitioner vide the order dated 19/09/2016 and in view of the negative de






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