IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 637 OF 2014

SHRI. SURYAKANT ANANT MAVJEKAR AND

4 ORS.

... Petitioner

Versus

SHRI BALCHANDRA SAGUN G. MAVJEKAR.

... Respondent

Mr.S. G. Dessai, Senior Advocate with Mr. Shirin V. Naik, Advocate

for the Petitioners.

Mr. S.D. Lotlikar, Senior Advocate with Ms. S. Naik, Advocate for

the Respondent.

Coram:- B. P. DHARMADHIKARI, J.

Date:-

10th October, 2014

ORAL ORDER:

Heard learned Senior Advocate Mr. Desai for the

petitioners/original plaintiffs and learned Senior Advocate Mr.

Lotlikar for the respondent/original defendant.

2. The petitioners has filed Regular Civil Suit No.43/2014/C for

restraining the defendant from carrying out the construction of their

house in suit property and within the setback area of 3 metres from

boundary of the suit property and from interfering in any manner

whatsoever with rights of the plaintiffs over the suit property. They

also sought a temporary injunction. The Trial Court has initially

granted ex parte injunction and confirmed it vide its order dated

7/7/2014. The trial Court found that there was no gap whatsoever left

between the house of the plaintiffs and the defendant.