VIVIENDA LUXURY HOMES LLP Vs. GREGORY

JUDGEMENT

(1.) Heard Mr Nigel Da Costa Frias with Ms S. Nishad for the petitioner and Mr Shivan Desai with Mr Jatin Ramaiya and Ms Riya Amonkar for the respondents.

(2.) Rule. The rule is made returnable forthwith with the consent of and at the request of the learned counsel appearing for the parties.

(3.) The instant Writ Petition has been filed invoking the jurisdiction of this Court under Article 226 as well as Article 227 of the Constitution of India, 1950 praying for the issuance of a writ of certiorari to quash and set aside the impugned order dtd. 25/11/2024 passed by the Ad-hoc Civil Judge, Senior Division, Mapusa (hereinafter referred to as "Trial Court') in Commercial Suit No.20/2024/B. The petitioner has also prayed for the issuance of a consequential direction to the Trial Court to decide the application for amendment of the petition filed by the plaintiff prior to any other applications filed in relation to the suit. Further, the petitioner has prayed for interim relief in the nature of stay of further proceedings in Commercial Suit No.20/2024/B.