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2021 Supreme(Bom) 1358

MANISH PITALE
Deo Mahadeo Devasthan – Appellant
Versus
State Of Goa – Respondent


Advocates appeared:
Sudesh Usgaonkar and R. Pereira, Advocates, for the Appellant / S.P. Munj, Additional Government Advocate, Annelise Fernandes, V.A. Lawande and Redkar, Advocate, for the Respondents

JUDGMENT

Manish Pitale, J. - This appeal arises out of Order dated 23/12/2020 passed by the Court of District Judge-2, South Goa, Margao, whereby, an application for temporary injunction filed on behalf of the appellant (original plaintiff) has been rejected.

2. The facts leading to filing of the present appeal are: that according to the appellant, the respondent no. 5 has been illegally using part of property belonging to the appellant in survey no. 448/8 at village Cacora Taluka Quepem to access his property at survey no. 448/11, while undertaking construction of a residential project. It is contended that there is no access to the said property in survey no. 448/11 available to the respondent no. 5 through the aforesaid small portion of the property belonging to the appellant in survey no. 448/8. The appellant had approached this Court by filing Writ Petition No. 511 of 2019, since its complaint with regard to the aforesaid grievance was not being decided by the concerned authority. This Court disposed of the said Writ Petition on 23/7/2019, by directing the concerned authority to consider the complaint of the appellant and to dispose of the same after hearing the rival parties. T

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