OLGA DSOUZA Vs. M/S. NITIN DEVELOPERS PVT. LTD.
HIGH COURT OF BOMBAY (AT: PANAJI)
M/S. Nitin Developers Pvt. Ltd.
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Dama Seshadri Naidu, J. -
(1.) Heard. Admit. The learned counsel for the respondents no.1 to 6 waives service.
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?
(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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