Mr. Lawrence Christoper Fernandes vs Mr. Errol F. Mc Mahon

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

BOMBAY HIGH COURT - BENCH AT GOA
C. V. BHADANG, J
Mr. Lawrence Christoper Fernandes – Appellant
Versus
Mr. Errol F. Mc Mahon – Respondent

Advocates:
For the Appellants/Petitioners: Shri S. N. Joshi, Ms. A S. Pai Bir
For the Respondents: Shri V. Rodrigues, Ms. Sharon Albuquerque, Shri Vithal Naik

Table of Content
1. identification of the main parties involved in the case. (Para 1 , 2)
2. summary of the plaintiff's claims regarding investment and alleged cheating. (Para 3 , 4)
3. details of the original issues framed by the trial court. (Para 5 , 6)
4. court's assessment of the trial court's decisions on amendments. (Para 12 , 14)
5. conclusion on the dismissal of the writ petition. (Para 15)

JUDGMENT:

Rule, made returnable forthwith. The learned counsel for the respondent waives service. Heard finally by consent of parties.

2. The challenge in this petition is to the order dated 29/4/2017 passed by the learned Senior Civil Judge at Mapusa in Special Civil Suit No.19/2011/A. By the impugned order, application (Exhibit D-31) filed by the respondent for recasting of issues has been allowed, while application (Exhibit D-34) filed by the petitioner no.1 for framing of an additional issue has been rejected.

3. The case made out by the respondent/plaintiff is that he has made huge investment to the tune of Rs.1,24,66,300/- for the construction of a project known as “Tangerine Dream” situated at village Arpora, Bardez Goa. That the said amount of Rs.1,24,66,300/- was paid towards the constr

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BOMBAY HIGH COURT - BENCH AT GOAC. V. BHADANG, JMr. Lawrence Christoper Fernandes – AppellantVersusMr. Errol F. Mc Mahon – Respondent

BOMBAY HIGH COURT - BENCH AT GOA
C. V. BHADANG, J
Mr. Lawrence Christoper Fernandes – Appellant
Versus
Mr. Errol F. Mc Mahon – Respondent