CLARA PATRICIA FERNANDES Vs. OLGA MARIA RODRIGUES

JUDGEMENT

(1.) Rule made returnable forthwith. Advocate Bras De Sa, waives service on behalf of the contesting respondent nos. 1, 2 and 3. The State is a formal party. Heard finally by consent of parties.

(2.) The challenge in this petition, at the instance of the petitioner, who is the plaintiff no. 1 is to the order dated 17.12.2018 (below Exhibit-71), passed by the learned Trial Court in Civil Suit No. 10/2011. By the impugned order, an application (Exhibit-71), filed by the petitioner under Order XXVI, Rule 10A and Order XI, Rule 12 read with Sec. 151 of the Code of Civil Procedure (Code, for short) has been dismissed.

(3.) The brief facts are that the petitioner and one Adolf Fernandes have filed the aforesaid suit for directing the private respondents/defendants to hand over the original sale deed dated 30.08.2005, registered in the office of Sub Registrar of Bardez at Mapusa and for certain other reliefs. Presently we are concerned about the relief of handing over of the sale deed to the petitioner.