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2023 Supreme(Bom) 1019

BHARAT P. DESHPANDE
Pascoal Jose Vaz – Appellant
Versus
Arnaldo David Vaz E Sousa – Respondent


Advocates appeared:
Sudesh Usgaonkar, Advocate, Rui Gomes Pereira, Advocate, Rohit Bras De Sa, Advocate, Pushkar Navti, Advocate, Prataprao Naik, Advocate

JUDGMENT

Bharat P. Deshpande, J. - By way of present revision application, the original defendants are challenging the impugned order dated 18.11.2017 in Regular Civil Suit No.46/2016 by which an application at Exhibit 9 filed by the defendants for rejection of plaint under Order 7 Rule 11 CPC was dismissed.

2. Heard Shri Sudesh Usgaonkar, learned counsel who appears along with Mr Rui Gomes Pereira, learned counsel for the applicants and Mr Rohit Bras De Sa who appears along with Mr. Pushkar Navti and Mr Prataprao Naik, learned counsel for respondent No.1(b).

3. With the assistance of the learned counsel, I have perused the entire paper-book and more specifically, the pleadings in the plaint.

4. In a nutshell, respondents/plaintiffs filed a suit for eviction and recovery of possession of the suit property from the defendants. It is their contention that there is a property in Village Chorao bearing Survey No.4/24 admeasuring 725sq.mts and known as SAUD, which comprises of a residential house bearing No.491 and a well. The property is hereinafter called as 'suit property'.

5. The suit property was originally owned by late Maria Vaz e Sousa, mother of late Arnaldo David Vaz e Sousa, mothe

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