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R.P.SONDURBALDOTA
Prabhakar Xembu Bhandari – Appellant
Versus
State of Goa – Respondent
R.P. Sondur Baldota, J.— Ru1e. Made returnable forthwith. By consent of parties the petition is taken on board for final hearing.
2. The petitioners are the plaintiffs in Civil Suit No. 78/2011 wherein they had filed an application for amendment of the plaint. That application was rejected by the trial court vide its order dated 7th January, 2013. The present petition is directed against that order.
3. In their suit the petitioners have sought five permanent reliefs out of which three are for declarations and others for permanent injunctions. The first declaration sought is that the petitioners have an easementary right of access over survey No.26/2 which is being objected to by respondents No.10 & 11, its present owners. The second declaration sought is that the land at survey No.26/2 consists of hilly area with a steep slope and not within the permissible gradient for development and that “Divzam Fator” “Sati Shila” stones cannot be permitted to be destroyed, since they are of sentimental value and historical importance. The third declaration sought is that approval if any obtained by respondents No.10 & 11 from various authorities for sub-division of survey No.26/2 is i
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