SANDEEP GANAPATI KARMALI Vs. AJAY SHIVAJI FATTO DESSAI

JUDGEMENT

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

(2.) BY this common judgment, Writ Petition No. 643/2013 and Writ Petition No. 658/2013 are being disposed of as both the writ petitions arise out of same order of temporary injunction passed on 20.02.2013 in Regular Civil Suit No. 16/2012/A by Civil Judge, Senior Division, Quepem, which was the subject matter of challenge before the Court of District Judge -2, Margao in two appeals being Miscellaneous Civil Appeal No. 27/2013 and Miscellaneous Civil Appeal No. 28/2013 between the same parties. The learned District Judge -2, South Goa, Margao by his two identical orders passed in both these appeals on 17.07.2013 allowed both the appeals quashing and setting aside the order of temporary injunction dated 20.02.2013 of the trial Court and substituting the same with his order of temporary injunction only against defendants no. 1 and 2, who are respondents no. 4 and 5 in Writ Petition No. 643/2013 and respondents no. 1 and 2 in Writ Petition No. 658/2013. These petitions are directed against the said orders of District Judge -2, South Goa, Margao.

(3.) IT is seen from the order of the first appellate Court passed on 17.07.2013 in Miscellaneous Civil Appeal No. 27/2013 and also another order of the same date passed in Miscellaneous Civil Appeal No. 28/2013 that the learned District Judge has proceeded on a wrong premise that the petitioners, the plaintiffs before the trial Court, had sought temporary injunction in respect of illegal construction being carried out by defendants no. 3 and 4, who are respondents no. 1 and 2 in Writ Petition No. 643 of 2013 and respondents no. 3 and 4 in Writ Petition No. 658 of 2013. It is further seen that the learned District Judge, after having assumed wrongly so, went on to quash and set aside the order of temporary injunction dated 20.02.2013 passed by trial Court.