VITTHAL NILU N GAONKAR Vs. DATTARAM DEU DESAI

JUDGEMENT

(1.) HEARD. Rule returnable forthwith. Ms. Razaq waives service on behalf of the Respondent No.11. Heard finally by consent of parties.

(2.) THIS petition is directed against the Order dated 23.08.04 passed below Exhibit 50 rejecting the application under Section 10 of the Code of Civil Procedure (C.P.C.) holding that the party No.8 is not a party to the Special Civil Suit No.10/91 pending with the Court of Civil Judge, Sr. Division, Margao. The Facts:

(3.) THAT one more reference in Land Acquisition Case No. 59/95 in respect of Survey Nos.17/5 (part, 17/3 (part), 14/1 (part), 13/1 (part), 12/1 (part) of the suit property came to be made to the Additional District Judge, South Goa, at Margao. The subject matter of this reference was also the property involved in the Special Civil Suit No. 10/92 referred to hereinabove.