SERGIO DIAS Vs. LEONARD AZAVEDO

JUDGEMENT

(1.) THE petitioner herein is the original defendant against whom the respondent-plaintiff has filed the suit being Regular Civil Suit No. 177/96/ii before the IInd Additional Civil Judge, Senior Division, Margao. In that suit, the plaintiff submitted an application for temporary injunction under Order XXXIX of the Code of Civil Procedure. The subject-matter of the suit is an open space, surrounding house No. 185 situated in Survey No. 54/1 of Village Utorda, Salcete Taluka.

(2.) IT is the case of the plaintiff that he has been threatened by defendant to dispossess him of the open land around the house. The said suit by the plaintiff is for perpetual injunction and other consequential reliefs. The defendant resisted the said suit on various grounds. The learned trial Judge, ultimately, found that the plaintiff has made out prima facie case and also found that the balance of convenience is in favour of the plaintiff. By an order of temporary injunction, the defendant was restrained from disturbing the plaintiff's possession in the part of the Survey No. 54/1, namely 54/1-B, rest of Survey No. 54/1-A, along with house B, existing tank and the existing well.

(3.) THE original defendant having been aggrieved by the said order, preferred miscellaneous civil appeal under Order 43 of CPC, being Miscellaneous Civil Appeal No. 112/1997. The learned appellate Court dismissed the said appeal with costs by judgment and order dated 19. 3. 1999. By filing this petition, the petitioner/original defendant has challenged the impugned orders of the trial Court as well as that of the appellate Court.