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BOMBAY HIGH COURT
M. S. Karnik, J
Fabrica Da Igreja De Vasco – Appellant
Versus
M/s. Paul Dias & Sons – Respondent
| Table of Content |
|---|
| 1. court's jurisdiction and issues regarding evidence. (Para 1 , 10 , 12) |
| 2. petitioner purchased property during litigation. (Para 3 , 6 , 8) |
| 3. rights of parties under the doctrine of lis pendens. (Para 13 , 20) |
| 4. court ruling allowing defendant no.3 to lead evidence. (Para 23 , 24) |
JUDGMENT
1.Heard Mr. Bhobe, learned Counsel for the Petitioner and Ms.Mesquita, learned Counsel for the Respondent No.1
2.The challenge in this Petition filed under Article 227 of the Constitution of India, is to an Order dated 24.01.2023 passed on the application dated 09.01.2023 at Exhibit D-185.
3.The Petitioner is the original Defendant No.3. The Respondent No.1- Original Plaintiff instituted a suit on 14.01.2008 against the Respondent No. 2/Original Defendant No.1 and the Respondent No.3/Original Defendant No. 2 seeking declaration that the Respondent No.1 has a right to obtain on lease the suit premises consisting of flat no.2-B located on the first floor of St. Pelegia Building, Vasco da Gama from Respondent No. 2/original Defendant No.2; that the lease deed dated 24.03.1999 in respect of the suit premises executed by Respondent No.2/Original Defendant No.1 in favour of Respondent No.
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