LAWS(BOM)-2020-9-236

SUHAS DATTA NAIK Vs. GOVERNMENT OF GOA

Decided On September 29, 2020
Suhas Datta Naik Appellant
V/S
GOVERNMENT OF GOA Respondents

JUDGEMENT

(1.) Heard Mr. Gaurang Panandiker, learned Counsel for the appellants. Ms. Priyanka Kamat, learned Additional Government Advocate appears for respondents No.1, 5 and 6, Mr. John A. Lobo, the learned Counsel appears for the respondents No. 2(a), 2(b), 2(c) and 3 and Mr. Ashwin D. Bhobe with Ms. Kalpa Govekar, learned Counsel appear for the Respondent No. 4.

(2.) The challenge in this appeal is to the judgment and order dated 19.08.2015 made by the learned District Judge-1, South Goa, at Margao-Goa in Civil Suit No.21/2014/I rejecting the appellants'/plaintiffs' application for temporary injunction to restrain the respondents No.2(a), 2(b), (2) and 3 from proceeding with any construction in the suit property bearing Survey No.18/12-A-7 situated at Quepem.

(3.) Mr. Panandiker submits that this temporary injunction was applied for on several grounds including, inter alia, on the ground that the appellants were the co-owners in respect of the suit property and in any case, the proposed construction was not in accordance with law, i.e. the planning regulations, etc.