ASHOK TEOFILO VAZ Vs. STATE OF GOA

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith. Heard finally by consent.

(2.) This petition is directed against an order passed on 18.03.2013, passed in Civil Suit No. 76/2010, by learned Adhoc District Judge-1, Panaji, thereby partly allowing the amendment application of the petitioners and partly rejecting the same.

(3.) The civil suit was filed by the petitioners against the respondents seeking various reliefs including the relief of mandatory injunction ante against the respondents. During the pendency of the suit, it was learnt by the petitioners that Section 4 notification under Land Acquisition Act for acquisition of suit property came to be issued by Government of Goa and it was also learnt in response to the query made by the petitioner under R.T.I. Act that respondent no. 4 was not a Government Contractor, who carried out the work at the suit property at the instance of the Government and therefore, the petitioners sought amendment to their pleadings by incorporating said events and also sought deletion of respondent no. 4, a party-defendant to the suit. It was also apprehended by the petitioners that Section 4 notification might not be taken to it's logical end and therefore, as a matter of precaution the petitioners thought it proper to make another prayer seeking mandatory injunction ante against the remaining respondents. Accordingly, the prayer clause was sought to be amended by the petitioners.