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1972 Supreme(Goa) 15

TITO MENEZES
Jairam Ramchandra Sirsat – Appellant
Versus
Baburao Manguesh Karekar – Respondent


Advocates:
Gopal Apa Kamat with Pandurang Mulgaokar (for No.1) and S. V. Joshi (for Nos. 2 to 7), for Appellants ; S. K. Sonak (for No 1), Jaoquim Dias, Govt. Pleader (for Nos. 2 to 5) and Pandurang Shirodkar (for Nos. 6 to 10), for Respondents.

JUDGMENT :- This is a Civil Appeal filed against the order of the District Judge dated 26-09-1972 granting the application of the plaintiff and restraining the defendant Nos. 1, 2, 2-A and 3 from doing any act in furtherance of the resolution passed by the Municipal Council, held on 15-09-1972.

2. The respondent was the President of the Mapuca Municipal Council. The Director of the Municipal Administration (respondent No. 2) called a meeting of the Council to consider a motion of no-confidence against the respondent No. 1. The respondent No. 1 filed a Writ Petition before this Court. The petition was filed about 12.30 p. m. on 05-09-1972 and it was prayed therein that a writ of mandamus be issued prohibiting the Director of Municipal Administration, the Deputy Collector and the Union of India (the respondents Nos. 2, 3 and 5) from holding the meeting. An application for interim injunction in terms of the said prayer was also made. The petition was registered almost simultaneously with its filing. Notice of the hearing of admission of the petition as well as of the application for interim injunction was, according to Shri Rao, learned advocate for respondent No. 1, given to the Gover





















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