Thomas Gama VS Pascoal Rosario Pimenta

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

A. K. MENON
Thomas Gama – Appellant
Versus
Pascoal Rosario Pimenta – Respondent

Advocates Appeared:
S.Gaonkar, Advocate, A.Bhobe, Advocate

JUDGMENT

1. I have today rejected the Appeal from Order for reasons set out hereinafter. The challenge to the impugned order is on the basis that the plaintiff had failed to make out a strong prima facie case in order to seek an interim injunction restraining the appellants from continuing the construction work , let alone occupying the same and from changing the nature of the suit premises.

2. Briefly put the facts leading to the filing of the appeal are as under:- The respondent herein /original plaintiff has filed Special Civil Suit No.8/2020/A before the Senior Civil Judge, at Vasco Da Gama against the appellant no.1(original defendant no.1) and other appellants(original defendant nos.2 to 10 ) who are claiming to be purchasers of premises sold to them by the appellant no.1. These premises are said to be put up on a plot bearing survey no.73/2 of village Cortalim Goa admeasuring 1775 sq. mts. The plaintiff has filed the suit seeking inter alia a declaration to the effect that a Deed of Sale dtd. 1/3/2019 "Sale Deed" is void ab initio and is required to be cancelled. It is the case of the plaintiff that he was co-owner of the properties along with his brother having inherited the