SANJAY VASANT KURTIKAR Vs. OSCAR JOSE FERRAO

JUDGEMENT

(1.) By this Writ petition, the petitioner (original defendant no.5) has challenged order dtd. 20/12/2021, passed by the Court of District Judge- II, Panaji (hereinafter referred to as the District Court) whereby an application for condonation of delay in filing written statement has been dismissed. As a consequence, the trial is likely to proceed in the absence of the written statement on behalf of the petitioner.

(2.) The respondent nos.1 and 2 in the present case have filed a suit for declaration and permanent and mandatory injunction against the defendants, including the petitioner herein. The challenge in the said suit is to a technical clearance order and construction license granted to the petitioner for carrying out repairs/reconstruction of the structure in question, on the allegation that the said technical clearance order and construction license were obtained by playing fraud and misrepresentation.

(3.) In the said suit an application for temporary injunction was filed on behalf of respondent nos.1 and 2. The said application was rejected by the District Court, but a challenge is raised against the same by way of filing writ petition before this Court. It is informed that there is an interim order passed against the petitioner and that the said writ petition is pending.