SHRIKANT ATCHUT NAIK DALAL Vs. ANTONIO SANTANA VAZ

JUDGEMENT

(1.) RULE, with the consent of the parties made returnable and heard forthwith.

(2.) THIS Petition takes exception to the Order dated 01. 09. 2009, passed by the learned Civil Judge, Senior Division, 'a' Court, Margao, by which Order, the application filed by the Petitioners i. e. the original Defendant nos. 1 and 2 for amendment of written statement and for bringing the documents in the form of revised sanctioned plan and the letter of the panchayat, came to be rejected.

(3.) THE facts to be stated are thus : the Respondent nos. 1 to 10 herein are the original plaintiffs, who have filed Special Civil Suit No. 121/2002, claiming a right of pre-emption to purchase the property surveyed under no. 33/4, belonging to the defendants and for a further relief that the Sale Deed dated 15. 05. 2002 registered under no. 1846 at page 214 to 240 of book 1 Vol 1341 be declared null and void and for a declaration that the plaintiffs have a right of easement over the property surveyed under no. 33/4 belonging to the Defendants and that the plaintiffs are entitled to use the suit access as shown in the plan, exhibit B. The Petitioners herein, who are the main contesting Defendants, filed their written statement and denied the claim of the plaintiffs in toto both as regards to right of pre-emption and the easementary rights claimed by them