LAWS(BOM)-2021-12-221

TULSIDAS BHIKU NAIK Vs. DUMEN SILVEIRA

Decided On December 23, 2021
Tulsidas Bhiku Naik Appellant
V/S
Dumen Silveira Respondents

JUDGEMENT

(1.) These two writ petitions are filed by the original defendants in a suit/application filed by the contesting respondents under the provisions of the Goa, Daman and Diu Mamlatdar's Court Act, 1966.

(2.) By the impugned orders, the Mamlatdar and the Additional Collector have found that the contesting respondents are entitled to an order of temporary injunction, thereby directing the petitioners to remove wooden fencing from the suit way, during the pendency of the proceedings before the Mamlatdar.

(3.) While assailing the concurrent orders passed by the aforesaid authorities, apart from contending that the order of temporary injunction could not have been passed in favour of the contesting respondents, the basic issue raised by the petitioners is that the Mamlatdar has no power under the provisions of the aforesaid Act to issue an order of temporary injunction.