Advocates:
['ADV PRASHEEN LOTLIKAR', '', 'ADV PRATIMA MADIWALAR', 'ADV JAYANT UMESH KARN', 'ADV AMIRA ABDUL RAZAQ', '', 'ADV TANYA FERREIRA']

3-SA-39-19.EDITED (1).DOC

Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

SECOND APPEAL NO. 39 OF 2019

NECESSIDADE GOMES (DEC.)

THR. LRS.

….APPELLANTS.

Versus.

MOHAMMED SAYED KADER.

….RESPONDENT

Mr. S.D. Lotlikar, Senior Advocate with Ms. Sailee Keny,

Advocate for the Appellants.

Ms. Amira Abdul Razaq, Advocate for the Respondent.

CORAM :

M. S. SONAK, J.

DATE : 2

nd December 2022

ORAL ORDER: -

1.

Heard Mr S.D. Lotlikar learned Senior Advocate who

appears along with Ms Sailee Keny for the Appellants and Ms

Amira Razaq for the Respondent.

2.

This second Appeal challenges the concurrent decrees

made by the Trial Court, and the First Appellate Court dated

29/9/2017 and 24/10/2018, respectively. Accordingly, both the

Courts have injuncted the Appellants-Defendant from interfering

with the suit property described in the plaint as Plot No.62,

situated in Chalta No.1 of P.T. Sheet No.118 of City Survey of

Margao.

Page 1 of 8

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3-SA-39-19.EDITED (1).DOC

3.

Mr Lotlikar submits that the two Courts have travelled

beyond the pleadings and the case set out by the

Respondent/Plaintiff before the Trial Court. He submitted that

the Appel