LAWS(BOM)-2010-9-75

DATTA RAGHOBA SAWAN Vs. ASHOK TUKARAM NAIK SALGAONKAR

Decided On September 15, 2010
DATTA RAGHOBA SAWAN Appellant
V/S
ASHOK TUKARAM NAIK SALGAONKAR Respondents

JUDGEMENT

(1.) By this appeal, the appellants/defendants have challenged Judgment and decree dated 21.3.2000 passed by the Additional District Judge-II, North Goa, Panaji, in Miscellaneous Civil Appeal No.142 of 1999 setting aside the order dated 14.10.1999 passed by the Civil Judge Senior Division, Mapusa allowing an application under Section 144 of Civil Procedure Code filed by the appellants/defendants.

(2.) Briefly, the facts relating to filing of the present appeal are as under:

(3.) On 19.9.1996 the appellants filed an application under Section 144 and/or Section 151 of Civil Procedure Code for restitution seeking eviction of the plaintiffs from the front room of the suit premises. The said application was contested by the respondents herein. The learned Civil Judge, Senior Division, Mapusa by order dated 14.10.1999 allowed the application and directed the respondents to hand over possession of the front room to the appellants herein.