SHALINI RAMNATH PRABHU DESSAI Vs. UNION OF INDIA

JUDGEMENT

(1.) -THIS Appeal and Revision Application can conveniently be disposed of by a single judgment as both arise out of the same Order.

(2.) THE appellant/petitioner has filed a suit for permanent injunction against the respondents to restrain them from selling the properties mentioned in the Notice, dated 23rd March, 1987 in Form No. 7 under rule 12 (2) (c) of the Goa, Daman and Diu Realization of Land Revenue rules, 1969, by auction or otherwise, and further, that the auction fixed for 23rd April, 1987 be cancelled. It is the case of the petitioner in the suit that she is the wife of one Ramnath Kusta Prabhu Dessai and that they are residing in their marital house at Cotombi with their three children. She was married to Ramnath as per the law prevailing in this State and she learnt that some properties belonging to the couple were proposed to be sold for the recovery of some amounts due by the said Ramnath. She alleged that she is married under the regime of communion of assets and therefore, she has a moiety in the properties sought to be sold in public auction This sale is not permissible in law. Hence, the suit. Alongwith the suit, an interim injunction in the same terms was prayed for.

(3.) THE learned District Judge, Margao, by his Order, dated 7th september, 1987, dismissed the application for temporary injunction and further directed the plaint to be returned to the appellant/petitioner in order to comply with the provisions of Section 80 of the Civil Procedure code.