Advocates:
['ADV SHIVAN DESAI', '', 'ADV COTA VIEGAS MARIA CARMEL TERESA DE JESUS', 'ADV ANIROODH C SARDESAI', 'ADV JAGANNATH JAYANT MULGAONKAR', '', 'ADV RUPA BANAULIKAR', 'ADV SIYA ULHAS DHARGALKAR', 'ADV PEARL ELSA REMEDIOS']

1 WP 955 of 2019-.odt

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO 955 OF 2019.

Ganesh Vishnu Naique and anr.

Vs.

Joao D'Cruz Cardozo and others

…Petitioner.

… Respondents.

Shri S. Desai, Advocate for the petitioner.

Shri J. J. Mulgaonkar, Advocate for respondent no.3.

Coram: DAMA SESHADRI NAIDU, J.

Date: 16th March 2021

P.C.

Facts:

The petitioners, husband and wife, are the plaintiffs in Special

Civil Suit No.120/2005/A before the Civil Judge, Senior Division, at

Mapusa. They have sued three defendants and sought these reliefs:

(a) a declaration that the sale deed the first and second defendants

executed in the third defendant's favour is void; (b) a declaration that

the plaintiffs are the owners of the suit property through the

reversion of the grant; and (c) both perpetual and prohibitory

injunctions.

2. As the record reveals, the first and second defendants had a

grant of certain properties with an existing house. They sold a piece

of that property to the third defendant. The petitioners, as the

plaintiffs, contended that