Shrihari Kurado And ANR., v. Dy. Collector (La) South Goa And ANR.,

1 FA145-12

IN THE HIGH COURT OF BOMBAY AT GOA.

FIRST APPEAL NO. 145 OF 2012.

1.

Shrihari Kurado, of major age, Indian National, resident of Savarcatta, Cuncolim-Goa.

2. Shri Vithal Jagannath Keni, of major age, Indian National, resident of House No.800, Dr. Rama Hegde Road, Aquem, Margao-Goa.

.......Appellants.

Versus

1.

Deputy Collector (LA), South Goa, Margao-Goa.

2.

The Executive Engineer, (Planning),Goa, Housing Board, Alto Porvorim, Bardez-Goa.

.......Respondents.

Shri R. G. Ramani, Advocate for the appellants. Ms. S. Linhares, Addl. Govt. Advocate for the respondents. CORAM : NUTAN D. SARDESSAI, J.

Date:- 4th August, 2016.

JUDGMENT:

Heard.

2.

The above appeal takes exception to the Judgment and award dated 17.8.2012 passed by the District Judge-I, Margao. Pursuant to the order passed in the MCA No.507 of 2015 allowing the production of documents, interest of justice demands that the matter be remanded to the Reference Court for an adjudication on considering

2 FA145-12 the tenability of the said documents. The impugned judgment and award is therefore quashed and set aside and the matter is remanded to the Reference Court for considering the documents. The applicant shall be at liberty to lead further evidence and so too the respondents. 3.

Parties are directed to appear before the Reference Court on 30th instant at 10.00 hours.

NUTAN D. SARDESSAI, J.

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