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2021 Supreme(Bom) 1725

MANISH PITALE
Tulsidas Bhiku Naik – Appellant
Versus
Dumen Silveira – Respondent


Advocates appeared:
Sudesh Usgaonkar, Advocate, Marie Rosette Pereira, Advocate, S. Desai, Advocate, J. Ramaiya, Advocate, A. D. Bhobe, Advocate

JUDGMENT

Manish Pitale, J. - These two writ petitions are filed by the original defendants in a suit/application filed by the contesting respondents under the provisions of the Goa, Daman and Diu Mamlatdar's Court act, 1966.

2. By the impugned orders, the Mamlatdar and the additional Collector have found that the contesting respondents are entitled to an order of temporary injunction, thereby directing the petitioners to remove wooden fencing from the suit way, during the pendency of the proceedings before the Mamlatdar.

3. While assailing the concurrent orders passed by the aforesaid authorities, apart from contending that the order of temporary injunction could not have been passed in favour of the contesting respondents, the basic issue raised by the petitioners is that the Mamlatdar has no power under the provisions of the aforesaid act to issue an order of temporary injunction.

4. The contesting respondents i.e. respondent nos. 1 to 3 in both the Writ Petitions filed the aforesaid suit before the Mamlatdar under Section 4(1)(f) and (2) of the said act, claiming that they had a right to restoration of an approach road leading to their property through the properties of the petition

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