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2023 Supreme(Online)(Bom) 615

HIGH COURT OF BOMBAY
B. P. Colabawalla, J
Mr. Lawrence Santan Pereira, Major, Indian National, Residing at House No. (not known) Mercurium, Agassaim, Tiswadi, Goa – Appellant
Versus
Mr. Assis Piedade Fernandes, 72 years of age, Major, Indian National, Service – Respondent


Advocates:
For the Appellants/Petitioners: Mr. J. E. Coelho Pereira, Mr. Bernard Fernandes, Mr. V. Braganza
For the Respondents: Mr. Pranav Shenvi Kakodkar, Mr. John Abreu Lobo

JUDGMENT:

1. Rule. With the consent of Parties, Rule made returnable forthwith and heard finally.

2. By the present Petition, the Petitioners [who are original Defendant Nos. 1(a) and 2 in Regular Civil Suit No.76/2009/C] take exception to the judgment and order dated 11.05.2022 (“the impugned order”) passed by the learned District Judge-3, North Goa, at Panaji in Miscellaneous Civil Appeal No.60/2020 [for short, “the Appellate Court”]. By the impugned order, the Appeal preferred by Respondent Nos. 1 and 2 herein [the original Plaintiffs] was allowed and the Appellate Court restrained the Petitioners herein [Defendant Nos. 1(a) and 2] from carrying out any construction within the setback area of 3 metres from the compound wall of Respondent Nos. 1 and 2 herein [original Plaintiffs].

3. By the impugned order, in effect, what the Appellate Court did was to set aside the order dated 23.11.2020 passed by the learned Civil Judge, Junior Division, “C” Court at Panaji [for short “the Trial Court”] under which the Application for temporary injunction filed by Respondent Nos. 1 and 2 herein [original Plaintiffs] was dismissed by the Trial Court.

4. As mentioned earlier, Respondent Nos.1 & 2 her

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