LAWRENCE CHRISTOPER FERNANDES Vs. ERROL F MC MAHON

JUDGEMENT

(1.) Rule, made returnable forthwith. The learned counsel for the respondent waives service. Heard finally by consent of parties.

(2.) The challenge in this petition is to the order dated 29/4/2017 passed by the learned Senior Civil Judge at Mapusa in Special Civil Suit No.19/2011/A. By the impugned order, application (Exhibit D-31) filed by the respondent for recasting of issues has been allowed, while application (Exhibit D-34) filed by the petitioner no.1 for framing of an additional issue has been rejected.

(3.) The case made out by the respondent/plaintiff is that he has made huge investment to the tune of Rs.1,24,66,300/- for the construction of a project known as "Tangerine Dream" situated at village Arpora, Bardez Goa. That the said amount of Rs.1,24,66,300/- was paid towards the construction of flat nos. A-201, B-302, C-101, C-201, C-202, C-301 and C-302, shop/office areas including other constructed areas such as stilt, terrace, as set out in AnnexureII to the plaint. (referred to as the 'suit constructed premises', in the plaint).