OLGA DSOUZA Vs. M/S. NITIN DEVELOPERS PVT. LTD.
LAWS(BOM)-2020-7-64
HIGH COURT OF BOMBAY (AT: PANAJI)
Decided on July 23,2020

OLGA DSOUZA Appellant
VERSUS
M/S. Nitin Developers Pvt. Ltd. Respondents

JUDGEMENT

Dama Seshadri Naidu, J. - (1.) Heard. Admit. The learned counsel for the respondents no.1 to 6 waives service. I. Introduction: One group of persons purchases a piece of property from another group. Yet another group comes forward and claims co-ownership. By then, the group that purchased the property started construction and went far ahead in that process. The group claiming co-ownership wanted from the trial Court an ad interim injunction; it was to stop the development on the suit property. The trial Court refused it. So this Miscellaneous Appeal.
(2.) Should this Court interfere with the judicial discretion exercised- or refused to be exercised in a particular way-by the trial Court? II. Facts:
(3.) All the 11 appellants are the plaintiffs in Special Civil Suit No.62/2019/B before the Senior Civil Judge's Case, Mapusa, Goa. They have sued for declaration and injunction. The respondents are the defendants. Of those respondents, 1 to 6 are the purchasers, and 7 to 12 are the vendors. I use the appellations as were used before the trial Court. (a) Tracing of Title:;


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