Tulshidas Hari Naik And 2 ORS., v. Dinanath N. Chari And 7 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 666 OF 2019 IN WRIT PETITION NO. 657 OF 2015 TULSHIDAS HARI NAIK AND 2 ORS., ... Applicants

Versus

DINANATH N. CHARI AND 7 ORS., ... Respondents Shri N. Vernekar, Advocate for the applicants. Shri Kaif Noorani, Advocate for the original petitioners. Shri Deep D. Shirodkar, Additional Government Advocate for the respondents in the original petition.

Coram:- M. S. SONAK & NUTAN D. SARDESSAI, JJ.

Date:- 11th November, 2019 P.C.:

The applicants seek impleadment in the main Writ Petition, in which an order has been made on 27/01/2016. It is their case that the said order is required to be vacated because on account of the said order the construction of proposed road has been stalled. Admittedly, the applicants in the original petition are neighbours and the issue is about the road which the applicants claim that they use and the construction of which road is not proceeding on account of the order dated 27/01/2016 in the present petition.

2. In such circumstances, we are satisfied that the application

MCA/666/2019 for impleadment deserves to be allowed. Accordingly, the application is hereby allowed in terms of the prayer clause 'A'. However, we make it clear that by merely allowing this application it is not as if we have accepted the case of the applicants at this stage itself.

3. The Misc. Civil Application No.666/2019 is disposed of in the aforesaid terms. The original petitioner to carry out the amendment within two weeks from today.

NUTAN D. SARDESSAI, J.

M. S. SONAK, J.

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