Sahajanand Investment Pvt Ltd., Thr Its Director Rasiklal Mohanlal Gangani., v. Landscapc Developers, Thr. Its Partner Dinar Tarkar And 2 ORS.,

2025:BHC-GOA:1895-DB Niti

IN THE HIGH COURT OF BOMBAY AT GOA

FIRST APPEAL NO.123 OF 2015 Shri Sahajanand Investment Private Limited, A company duly incorporated under the Indian Companies Act, 1956, having its office at 9, Diamond Chambers, 18th June Road, Panaji, Goa, through its Director, Shri. Rasiklal Mohanlal Gangani, son of Mohanlal Raja Gangani, married, of full age, Civil Engineer, residing at Galaxy Building, off A. B.

Road, Panaji, Goa.

...Appellant

Versus

1. M/s. Landscape Developers, A Partnership Firm constituted under the Indian Partnership Act, 1932 having its office at Sea View Building, Campal, D.B. Bandodkar Marg, acting through its Partner, Shri. Dinar Tarkar, son of Purushottam Kamat Tarkar, married, of full age, Developer & Builder, carrying on business at Sea View Building, Campal, D.B.

Bandodkar Marg, Panaji, Goa.

2. Shri. Alvaro Jose Teofilo Pinto son of late Jose Floriano Jereves Macario Pinto, of full age, landlord, residing at St. Curz, Ilhas, Goa.

(since deceased) Through Legal Representatives,

(i) Dr. Jose Pinto, major of age, son of late Alvaro Pinto mayor of age (ii) Mrs. Christabel Pinto, Major of age, wife of Dr. Jose Pinto, Both residing at 1128, Segundo Bairo, Santa Cruz, Goa.

(iii) Mrs. Indira Pereira, major of age, Wife of Mr. Arvind Pereira, Daughter of late Alvaro Pinto.

(iv) Mr. Arvind Pereira, major of age, son-in-law of late Alvaro Pinto, Both residing at 4894, Rose Bush Road, Mississauga, Ontario, Canada L5M5M9 (v) Mrs. Michelle D'souza, major of age, wife of Joel D'souza, Daughter of Late Alvaro Pinto.

(vi) Mr. Joel D'souza, major of age Son-in-law of Late Alvaro Pinto, Both residing at 222, Landscape, Pinto Park, D. B. Marg, Campal.

Since deceased, rep. thr. LRs 2(vi)(a). Jenelle Joel D'souza, Daughter of Mr. Joel D'souza, minor, residing at 222, landscape, Pinto park, D.B. Marg, Campal, Panaji - Goa.

Represented by her father, Mr. Joel D'souzo.

3. Smt. Marieta Teresa Petornila de Fatima Mascarenhas e Pinto,

major of age, wife of Alvaro Jose Teofilo Pinto, of full age, landlady, Residing at St. Curz, Ilhas, Goa.

... Respondents Mr Rohit Bras De Sa with Mr Joel Pinto, Advocates for the Appellant.

Mr A.S. Kunde, Advocate for Respondent No.1.

Mr J.E. Coelho Pereira, Senior Advocate with Mr Abhishek Sawant, Mr Jeet Volvoikar, Advocates for Respondent Nos.2(i), 2(ii) & 3.

Mr A.F. Diniz, Senior Advocate with Ms M. Correia, Advocate for Respondent Nos.2(iii) & 2(iv).

CORAM : BHARATI DANGRE & ASHISH S. CHAVAN, JJ.

DATE : 15th SEPTEMBER 2025 JUDGMENT : (Per Ashish S. Chavan, J.) 1.

Heard Mr Rohit Bras De Sa, learned Counsel for the Appellant, Mr A.S. Kunde, learned Counsel for Respondent No.1, Mr J.E. Coelho Pereira, learned Senior Counsel along with Mr A. Sawant and Mr Jeet Volvoikar, learned Counsel for Respondent Nos.

2.

For the sake of convenience, the Appellant will be referred to as the Plaintiff and the Respondents will be referred to as the Defendants hereinafter.

3.

The Plaintiff, by way of the present First Appeal, assails an order dated 29.07.2015, passed by the Civil Judge, Senior Division at Panaji, allowing the application of the Respondents for rejection of the plaint under Order VII Rule 11 of CPC.

4.

The facts germane to the present appeal and the grounds raised therein by the Plaintiff can be summarised as under: (i) It is the case of the Plaintiff that it is a Company incorporated under the Indian Companies Act, 1956, having its office at Panaji. It was constituted as a Company on 18.11.1998 by entities and individuals, who were earlier partners of one M/s. Rasik Constructions, a partnership firm, constituted under the Indian Partnership Act, 1932. (ii) On 08.06.2006, the Plaintiff filed a suit for specific performance of contract being Special Civil Suit No.46/2006/A. (iii) On 24.09.2013, the Defendants filed application for rejection of plaint under Order VII Rule 11 of CPC. (iv) On 29.07.2015, the learned Civil Judge, Senior Division, Panaji, allowed the application of the Defendants for rejection of plaint. Aggrieved by the same, the Plaintiff filed the present Appeal.

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ASHISH S. CHAVAN, J.

BHARATI DANGRE, J.

Signed by: NITI KISHOR HALDANKAR Designation: Private Secretary Date: 04/10/2025 15:18:53