FRANCISCO PATRICO RODRIGUES Vs. ALEIXO CIPRIANO ALBUQUERQUE

JUDGEMENT

(1.) The above petition challenges the order dated 30.03.2002 passed by the learned Civil Judge Junior Division, Ponda, in CMA No.60/2002/C in Regular Civil Suit No. 10/96/C whereby an application for amendment filed by the petitioners dated 27.2.2002 came to be rejected.

(2.) The petitioners filed the suit against the respondents praying inter-alia for a permanent injunction restraining the respondents, their servants, agents, employees, labourers and family members, from erecting M.S. Angles, digging pits and carrying out any work/construction and causing any obstruction or any work of whatsoever nature on the suit access. The petitioners also prayed for a declaration that the suit access shown in the approved plans to the petitioners' house in the property surveyed under No.32 situated at Vaikhande, Ponda, is their way and that the petitioners have right to use the said access without any obstruction from the respondents and their agents etc. Further, the relief of mandatory injunction was also sought by the petitioners in the suit.

(3.) The respondents disputed the claim of the petitioners by filing their written statement. During the pendency of the suit, the petitioners filed an application for amendment of the plaint dated 27.02.2002 so as to incorporate some subsequent events whereby the house where the property of the petitioners was located came to be partitioned between the co-owners. The application filed by the petitioners was opposed by the respondents by filing their reply. The learned Judge by the impugned order, rejected the application filed by the petitioners for amendment of the plaint.