JOAO PIEDADE GONSALVES Vs. MESSIAS AUGUSTINHO SEBASTIAO PEREIRA, SON OF ROQUE SILVESTER LINGORIO PEREIRA

JUDGEMENT

(1.) Heard Mr. Arolkar, the learned counsel for the petitioners. None appears for the respondents.

(2.) By this petition, the petitioners/original defendant nos.3 and 4 are challenging the order dated 15/2/2016 passed by the trial court thereby allowing an application Exhibit D-88 filed by the respondent nos.1 and 2 (original plaintiffs) for addition of parties.

(3.) According to the respondents/plaintiffs the suit was initially filed for permanent injunction and demolition and thereafter the plaint was amended seeking a relief of declaration. It was contended that therefore the sisters of the plaintiffs and others need to be added as defendants nos.9 to 36 along with their spouse/s. Indisputably the application was filed at a stage when the suit was fixed for final arguments. The learned trial court in para 6 of the impugned order has held thus: