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1977 Supreme(Goa) 4

TITO MENEZES
Caetano Dias – Appellant
Versus
Caetano Rodrigues – Respondent


Advocates Appeared:
Ferdino Rebello, for Applicant; F. Borges, for Respondents.

Judgement

ORDER :- In this application the applicant who was the original plaintiff seeks to have the order of the Additional District Judge, Panajl, dated November 22, 1976, set aside. By the said order the learned Additional District Judge set aside the order of the trial Court granting an interim injunction in suit filed by the plaintiff against the respondents, defendants.

2. In support of the application of the plaintiff for interim injunction the plaintiff filed a map and two affidavits. The defendants also filed a map and nine affidavits. In appeal the Additional District Judge did not go into the merit of the finding on facts. He held that the maps filed by the plaintiff and the defendants were contradictory and ought not to have been relied upon by the trial Court without site inspection. He further held that the affidavits filed by the plaintiff were not verified and did not therefore have any evidentiary value.

3. On the question of maps it appears that no definite conclusion could be drawn, but the decision of the trial Court is not based merely on maps. In fact, no decision could be arrived at solely on the maps on record.

4. On the question of affidavits I have no hesitat





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