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2021 Supreme(Bom) 993

M.S.SONAK, M.S.JAWALKAR
Augusta Vaz – Appellant
Versus
State Of Goa – Respondent


Advocates appeared:
Zulfiya B Desai, Advocate, Manish Salkar, Advocate, Nigel Da Costa, Advocate, Gauresh Malik, Advocate

JUDGMENT

M.S. Sonak, J. - Heard Ms. Zulfiya Desai, the learned Counsel for the petitioners, Mr. Manish Salkar, the learned Government Advocate for respondent nos. 1, 3 and 4 and Mr. Nigel da Costa Frias, who appears along with Mr. Gauresh Malik, the learned Counsel for the intervenors.

2. The petitioners are the residents/owners of the construction put up by respondent no. 6 in the suit property. Earlier, when the respondent no. 6 attempted to put up the construction in the plot, which was reserved as parking lot, the petitioners objected to the same. In pursuance of such objections, such construction was stopped or rather could not be put up. The Petition instituted by the petitioners in this regard was disposed of.

3. The petitioners instituted the present Petition, when they noticed after few years that the respondent no. 6, once again, put up the construction in the same plot, which was reserved as a parking lot. The petitioners contended that as respondent no. 6 had already executed sale deeds in their favour, thereafter, had no right to put up any construction in the suit property.

4. The intervenors in this matter have pointed out that the revised plans were submitted by respond

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