ANA BRIGIDA DE SOUZA Vs. MARIAN ELIZABETH HANKINS

JUDGEMENT

(1.) By way of this Petition, the Petitioner assails the Judgment and Order dtd. 27/8/2024 passed by the learned Adhoc District Judge (FTC-1), North Goa, at Mapusa, passed in Misc. Civil Appeal No. 75 of 2023.

(2.) By Order dtd. 10/7/2023, the Court of Civil Judge Junior Division, 'C' Court at Bicholim, in Regular Civil Suit No. 10/2023/C dismissed the application for temporary injunction made by the present Respondent. The Respondent i.e. the original Plaintiff preferred an appeal before the learned Adhoc District Judge (FTC-1), North Goa, at Mapusa, by filing Misc. Civil Appeal No. 75 of 2023. By the impugned Judgment and Order, the learned Adhoc District Judge, partly allowed the Misc. Civil Appeal and restrained the Defendant i.e. the Petitioner herein from evicting the Plaintiff i.e. the Respondent herein from the suit house without following the due process of law. Further, the Respondent was directed not to keep animals except two dogs which she had at the initial time in the suit house and remove all other animals from the said house within a period of 30 days from the date of the Order. It is this Order which is assailed in the present Writ Petition.

(3.) Heard Mr. J. E. Coelho Pereira, learned Senior Counsel appearing for the Petitioner and Mr. J. Mulgaonkar, learned Counsel appearing for the Respondent. I have also gone through the record of the proceedings with their assistance.