LAWRENCE SANTAN PEREIRA Vs. ASSIS PIEDADE FERNANDES

JUDGEMENT

(1.) Rule. With the consent of Parties, Rule made returnable forthwith and heard finally.

(2.) By the present Petition, the Petitioners [who are original Defendant Nos. 1(a) and 2 in Regular Civil Suit No. 76/2009/C] take exception to the judgment and order dtd. 11/5/2022 ("the impugned order") passed by the learned District Judge-3, North Goa, at Panaji in Miscellaneous Civil Appeal No. 60/2020 [for short, "the Appellate Court"]. By the impugned order, the Appeal preferred by Respondent Nos. 1 and 2 herein [the original Plaintiffs] was allowed and the Appellate Court restrained the Petitioners herein [Defendant Nos. 1(a) and 2] from carrying out any construction within the setback area of 3 metres from the compound wall of Respondent Nos. 1 and 2 herein [original Plaintiffs].

(3.) By the impugned order, in effect, what the Appellate Court did was to set aside the order dtd. 23/11/2020 passed by the learned Civil Judge, Junior Division, "C" Court at Panaji [for short "the Trial Court"] under which the Application for temporary injunction filed by Respondent Nos. 1 and 2 herein [original Plaintiffs] was dismissed by the Trial Court.