GAJANAN BALA GAWAS Vs. SAGUN NARAYAN MORJKAR

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Respondent waives service. Taken up for final disposal.

(2.) The petitioners challenge the order passed by the District Judge, Goa dated 9 July 2014 dismissing the preliminary objection taken by the petitioner in respect of the maintainability of the Misc. Civil Appeal filed by the respondent.

(3.) The petitioners had filed a Civil Suit praying for an injunction against the respondents. On 24 October 2009, an order was passed by the learned Civil Judge Junior Division, granting injunction in favour of the petitioners. This order was confirmed by the District Judge in Misc. Civil Appeal. It is the case of the petitioners that thereafter the respondent obstructed the suit pathway. The petitioners accordingly filed an application under Order XXXIX Rule 2A and 11 of Civil Procedure Code. The learned Civil Judge heard both sides in the application and by detailed order came to the conclusion that the respondent has obstructed the suit pathway and, accordingly, issued show cause notice to the respondent under Order XXXIX Rule 11 of the Civil Procedure Code. Thereafter, the respondent filed a Misc. Civil Appeal. In this Civil Appeal, the learned District Judge stayed the order passed by the learned Civil Judge dated 21 February 2013. The petitioners took an objection to the maintainability of the appeal which the learned District Judge which was negatived by the impugned order.