DOMINGOS FERNANDES Vs. CAPT HARCHAN RANJIT SINGH

JUDGEMENT

(1.) RULE. Heard Mr. P. S. Rao, the learned Counsel on behalf of the Petitioners and Mr. S. Vales, the learned Counsel on behalf of Respondent No.1.

(2.) THE Petitioners herein, who are some of the Defendant s in R.C.S. No.172 / 2004, Respondent Nos. 2 to 5 being the other Defendants, seek a writ of certiorari or any other appropriate writ, order or direction to quash and set aside the Order dated 26- 10- 2004 of the learned Civil Judge, Junior Division, Mapusa, passed in the said Civil Suit by way of temporary mandatory injunction by which the Defendant s have been directed to remove the temporary roof placed on the pillars within a period of seven days from 26- 10- 2004 failing which the Plaintiff in the said Civil Suit is directed to remove the same with the assistance of the Police at the cost of the Plaintiff.

(3.) MR. P. S. Rao, the learned Counsel on behalf of the Petitioners has submitted before me that this is a fit case for this Court to invoke its jurisdiction under Articles 226 and /or 227 of the Constitution because the learned Civil Judge, Junior Division has violated the principles of natural justice and has passed the impugned Order.