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2018 Supreme(Bom) 2084

C.V.BHADANG
Saloni Subhashchandra Nagzarkar – Appellant
Versus
Suyog Samuel Arawattigi – Respondent


Advocates Appeared:
S.D. Lotlikar, Adv., Aditi Naik, Adv., Ashwin D Bhobe, Adv., Shradha Bhobe, Adv.

JUDGMENT :

C.V. Bhadang, J.

Rule made returnable forthwith. The learned Counsel for the respondent, waives service. Heard finally by consent of parties.

2. By this petition, the petitioners/defendants are challenging the judgment and order dated 20.03.2018, passed by the learned District Judge at Margao, in Miscellaneous Civil Appeal No. 13/2018. By the impugned judgment, the learned District Judge, while allowing the appeal, has granted temporary injunction in favour of the respondent/plaintiff. As a result of the same, the petitioners have been restrained from dispossessing the respondent or his family members, from the suit hospital or interfering with the activities of the suit hospital, in any manner.

3. The brief facts necessary for the disposal of the petition may be stated thus:

Dr. Subhashchandra Nagzarkar (since deceased) was running Dr. Nagzarkar Hospital at Margao-Canacona road (hereinafter referred to as the suit hospital). Dr. Subhashchandra Nagzarkar met with an accidental death, after which, the suit hospital remained closed for some time. The petitioner no. 1 happens to be the widow, while the petitioner no. 2 is the son of Dr. Subhashchandra Nagzarkar. It appears that

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