LAWRENCE SANTAN PEREIRA Vs. ASSIS PIEDADE FERNANDES, MAJOR

JUDGEMENT

(1.) The respondent nos.1 and 2 filed Regular Civil Suit No.76/2009/C, before the Civil Judge, Junior Division, at Panaji. The respondents are the defendants and neighbours. The respondents' principle grievance in the suit was that the petitioners had been trying to construct a house without leaving proper setbacks, thus affecting their properties.

(2.) On 13.9.2011, the trial Court injuncted the petitioners from constructing on their property. Aggrieved, the petitioners, as the defendants, filed Misc, Civil Appeal No.113/2011 before the District Court, North Goa, Panaji, but could not succeed. Further aggrieved, the petitioners have filed this writ petition.

(3.) Pending this writ petition, the petitioners claim to have secured a declaration from the competent Court about their mundkarial rights and purchased the property, too. Besides that, they are said to have taken all necessary permissions to construct. Therefore, they have come up with this Misc. Civil Application, for the Court's leave to proceed with the construction.