Mr. Assis Piedade Fernandes vs Smt. Luizinha Pereira

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

BOMBAY HIGH COURT - BENCH AT GOA
C. V. BHADANG, J
Mr. Assis Piedade Fernandes – Appellant
Versus
Smt. Luizinha Pereira – Respondent

Advocates:
For the Appellants/Petitioners: Shri R.G. Ramani, Mr. Myron D'Souza
For the Respondents: Shri J. Godinho

Table of Content
1. petitioners challenged rejection of intervention in mundkar proceedings. (Para 2 , 3 , 8)
2. previous orders on mundkarial rights were upheld. (Para 4 , 12 , 14)
3. arguments regarding intervention rights were presented. (Para 9 , 10 , 11 , 13)
4. court clarified the standards for intervening in limited jurisdiction cases. (Para 17 , 18)
5. the petition was ultimately dismissed with no merits. (Para 21)

JUDGMENT:

Rule. Rule made returnable forthwith. The learned Counsel for respondent nos. 1 and 2 waives service. None for respondent No.3 though served.

Heard finally, by consent of the parties.

2. By this petition, the petitioners are challenging the order dated 13.05.2015, by which the learned Joint Mamlatdar of Tiswadi Taluka, Panaji, has rejected the application filed by the petitioners, seeking to intervene in the proceedings for declaration and registration as mundkar, filed by the respondent nos. 1 and 2, against respondent no. 3.

3. The brief facts are that the petitioners have filed a Regular Civil Suit No.76/2009/C against the respondent nos.1 and 2 for injunction, on the allegation that construction of their house carried out by respondent nos.1 and 2, is without

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BOMBAY HIGH COURT - BENCH AT GOAC. V. BHADANG, JMr. Assis Piedade Fernandes – AppellantVersusSmt. Luizinha Pereira – Respondent

BOMBAY HIGH COURT - BENCH AT GOA
C. V. BHADANG, J
Mr. Assis Piedade Fernandes – Appellant
Versus
Smt. Luizinha Pereira – Respondent