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2019 Supreme(Bom) 1746

NUTAN D.SARDESSAI
Rama Shanu Naik Dessai – Appellant
Versus
Director, Goa State Urban Development Agency – Respondent


Advocate Appeared:
For the Appellant :Nitin Sardessai, Senior Advocate with G. Panandikar, Advocate.
For the Respondents:Sapna Mordekar, Priyanka Kamat, Additional Government Advocate, J.P. Supekar with Shri S. Sayed, P. Fadte, S.D. Lotlikar, Senior Advocate with J. Karn, A.A. Agni, Senior Advocate with J. Sawaikar, Advocates.

JUDGMENT :

1. Heard forthwith with the consent of the learned Advocate for the parties.

2. Admit.

3. Shri Sapna Mordekar, learned Advocate waives service on behalf of the respondent no.1, Shri Pryanka Kamat, learned Additional Government Advocate waives service on behalf of the respondent no.2, Shri J.P. Supekar, learned Advocate waives service on behalf of the respondent no.3, Shri P. Fadte, learned Advocate waives service on behalf of the respondent no.4, Shri J. Karn, learned Advocate waives service on behalf of the respondent no.5 and Ms. J. Sawaikar, learned Advocate waives service on behalf of the respondent no.6.

4. This appeal from order takes exception to the order dated 11/10/2018 passed by the Principal District Judge, South Goa, Margao pursuant to which the learned District Judge dismissed the application for injunction filed by the appellant/plaintiff in a suit for injunction against the respondent/ defendants. The parties would be referred to as the appellant and the respondents for brevity's sake hereinafter.

5. The appellant had carved a case that he was the co-owner of the property bearing Survey no.435/1 of village Cuncolim corresponding to Land Registration no.6202. H

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