RICARDO JOAQUIM INANCIO Vs. LAXAMI R KORGAONKAR AND ORS

JUDGEMENT

(1.) Admit.

(2.) The respondent nos.1 to 14 have filed civil suit no. (old 71/2012) which is pending on the file of the learned District Judge-II at Panaji. That suit is for declaration and permanent injunction. A perusal of the prayer clause 21 of the plaint would show that the respondent nos.1 to 14 are seeking permanent injunction restraining the petitioner/defendant from transferring, selling, alienating the suit property and further restraining the defendant and his agent, family, relatives or any person or persons from interfering in any manner in the suit property. The respondent nos.1 to 14 are also seeking a direction to the city survey department to restore the name of Gangabai Vassudeo Korgaonkar in the property card of the suit property.

(3.) It appears that the petitioner/defendant no.1 filed an application at Exhibit D-12 before the trial Court purportedly under Order 7 Rule 11 of Civil Procedure Code for rejection of the plaint. It was contended that the respondents/plaintiffs are claiming right through Ganga Gadekar/Ganga Vasu Korgaonkar. It was further contended that the documents attached to the plaint indicate that Ganga Gadekar was a party to the proceedings and even her statement was recorded on 25/3/1987. It was further contended that she was held to be a trespasser by order dated 25/3/1987, which order was pronounced in her presence.