JOSE CLAUDE RODRIGUES Vs. PEDRO SEBASTIAO RODRIGUES

JUDGEMENT

(1.) HEARD Mr. Bhobe. Rule. Mr. Lobo waives service for respondent Nos. 1, 2 & 3 as amended.

(2.) BY consent, rule is taken up for hearing forthwith.

(3.) IT has been contented by the petitioners that they had acquired additional rights/shares way back in 1983, 1987 and 1999 from some of the defendants and therefore their share had gone up in the suit property but at the same time without affecting the holding of the present respondents No. 1, 2 and 3. The Trial Court noted that earlier amendment application filed on 4.12.01 was withdrawn by the plaintiff on 18.8.03 and the suit was pending for about 19 years. The Trial Court also noted that the share transaction was way back in 1983, 1987 and 1999 and therefore the delay of about 4 years in filing the amendment application was indefensible. The Court also held that after the evidence was closed, the application was moved about 4 years later.