ANTONIO DIAS Vs. NAZARIO NORONHA ALIAS ROSARIO NORONHA

JUDGEMENT

(1.) Rule, made returnable forthwith. Shri Nigel D'Costa Frias, the learned Counsel waives service for the respondent nos.2 to 5, 7 to 9. Heard finally by consent of the parties.

(2.) The challenge in this petition is to the order dated 07/12/2016 (below Exh. 63) passed by the learned Civil Judge, Junior Division, Margao in Regular Civil Suit No.98/2013. By the impugned order, the application for amendment of the plaint and for addition of party, has been dismissed.

(3.) The brief facts are that the petitioners have filed the aforesaid suit for injunction against the respondents for restraining them from entering upon and interfering in part or portion of the suit property or from damaging any part or portion of the suit property, etc. The respondents filed Written Statement and raised a counterclaim, saying that the Comunidade of Curtorim, is the owner of the property. In the counterclaim, the respondents made the said Comunidade as party defendant. It may be mentioned that the Comunidade has filed a written statement asserting that it is the owner of the suit property.