CARLOS TAVORA Vs. BOSHAN DEVELOPERS PVT. LTD.

JUDGEMENT

(1.) HEARD rival submissions at length on this writ petition preferred by the petitioner -original defendant challenging the judgment and order dated 05.03.2009 of the District Judge -1, North Goa, Panaji in Miscellaneous Civil Appeal No. 137/2008. The said appeal preferred by the present writ petitioner -defendant was rejected and the earlier order passed by the learned Civil Judge Junior Division, Mapusa in Regular Civil Suit No. 208/2005/D dated 18.11.2008 was confirmed. The said order dated 18.11.2008 was passed on the application of the present respondent -original plaintiff under Order 39 Rule 4 of the Civil Procedure Code in the said suit asking for further clarification and for variation of injunction in the order earlier granted on 18.05.2006.

(2.) THE facts of the case are rather peculiar in nature and apparently an example as to how the parties do not obey the order of the Court still when it is a question of touching safety of the persons residing in the neighbourhood.

(3.) INITIALLY , the suit was filed by the present respondent -plaintiff for removal of the gas cylinders which were kept at the open space of the building in a brick -cement structure constructed by the petitioner -defendant without any authority. Admittedly, the said gas cylinders were kept outside the premises purchased by the petitioner -defendant from the respondent -plaintiff and those gas cylinders were used for supplying gas to burners/stoves used in the restaurant. Apparently, outside the premises where the gas cylinders are kept, there are also ornamental flower vases kept by the petitioner -defendant. As such, when the suit was filed for removal of such gas cylinders and flower vases, an application for injunction was also preferred and initially order was passed on 18.05.2006 by the trial Court. The said order reads thus: ''Application for temporary injunction is granted. Defendant no. 1 is directed to remove the gas cylinders, ornamental vases placed on the parking area and further directed not to do any construction or digging or excavating in the suit property. No order as to costs. Proceedings closed. ''