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2019 Supreme(Bom) 340

C.V.BHADANG
JERRY ALEX BRAGANZA @ JERONIMO ORICULO ALEX BRAGANZA – Appellant
Versus
RAJESHREE ALIAS RAYESHRI RAMDAS BORKAR @ SHOBHAVATI RAMDAS BORKAR – Respondent


Advocates Appeared:
Valmiki Menezes, Adv., Aksay Shirodkar, Adv., V.R. Parsekar, Adv.

JUDGMENT :

C. V. BHADANG, J.

1. By this appeal, the appellants (original defendant nos. 2 and 3) are challenging the judgment and order dated 11/6/2010 passed by the learned Adhoc District Judge -1, at Panaji in Regular Civil Appeal no.15/2008. By the impugned judgment, the additional issue no.1 raising objection to the jurisdiction of the Civil Court has been remanded back to the trial court.

2. The brief facts necessary for the disposal of the appeal may be stated thus:

The first and the second respondent filed regular Civil Suit no.188/ 1999 against the fifth respondent (defendant no.1), the present appellant (defendant nos. 2 and 3) and the respondent nos. 3 to 15 for recovery of possession and for permanent and mandatory injunction, in respect of the suit property, more specifically described in para 2 of the plaint. It is not disputed that the appellants are the landlords. The case made out in the plaint is that now deceased Bhiku Nagesh Mayekar, was an agricultural tenant in respect of the suit property, who died on 20/10/1985. His wife Vatssal @ Indumati Bhiku Mayekar died on 9/11/1993. The first respondent happens to be one of the daughters of Bhiku Mayekar and Smt. Vatsal. It


















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