SHERATON HOTELS LLP Vs. ANTHONY MASCARENHAS

JUDGEMENT

(1.) Rule, made returnable forthwith. The learned Counsel for the contesting respondent no.1, waives service. Heard finally by consent of parties.

(2.) The challenge in this petition at the instance of the petitioners, who are the defendants in Regular Civil Suit No.53/2019/A is to the judgment and order passed by the Appellate Court on 24.06.2019 in MCA No.29/2019. By the impugned judgment and order, the Appellate Court while allowing the appeal has restrained the petitioners or anybody on their behalf from doing any work of construction in the suit property pending the disposal of the suit.

(3.) The brief facts are that the petitioners are having their property bearing survey no.132/15 at Village Gaurawada, Calangute. The land of the first respondent bearing survey no.132/16 is to the south of the land survey no.132/15. There is a Major District Road (MDR) running north-south to the eastern side of the survey no.132/15 as well as survey no.132/16. The first respondent filed Regular Civil Suit No.53/2019/A against the petitioner and the second respondent for a declaration that the first respondent has acquired easementary right of an access of three metres though the suit property i.e. survey no.132/15 and for injunction restraining the appellants from making any construction therein. The first respondent also sought an order directing the second respondent (the defendant no.4) to cancel and revoke the construction licence granted to the appellant.