Sociedade Agricola Dos Gauncares De Cuncolim E Veroda, Thr. Its President, Shaba Rama Dessai., v. Cuncolim Municipal Council, Thr. Its Chief Officer And ANR.,

AO 6 2020

IN THE HIGH COURT OF BOMBAY AT GOA

AO No.6 of 2020 SOCIEDADE AGRICOLA DOS GAUNCARES DE CUNCOLIM E VERODA, THR. ITS PRESIDENT, SHABA RAMA DESSAI., .... APPELLANT VS CUNCOLIM MUNICIPAL COUNCIL, THR. ITS CHIEF ..... RESPONDENT Mr. Jayant Karn, Advocate for the Appellant. Mr. S. D. Padiyar, Advocate, for the Respondent. CORAM: DAMA SESHADRI NAIDU, J.

Date: 16th March, 2021 ORDER:

The applicant is the plaintiff in Special Civil Suit No.4/2019/III before the Court of IIIrd Additional Ad-hoc Civil Judge, Senior Division, at Margao. In that suit, the appellant applied for temporary injunction. That was rejected. Aggrieved, it has filed this Appeal From order. 2.

In response to the submissions advanced by the appellant's counsel, the respondents' counsel has pointed out that the disputed property has well developed structures. Now, it is too late in the day for the appellant to seek an injunction restraining the defendants from interfering with the suit property, for such injunction will ruin the whole suit property. 3.

Under these circumstances, I dispose of this Appeal From Order holding that whatever the developments that have taken place in the

AO 6 2020 disputed property including the structures shall be subject to the outcome of the suit.

DAMA SESHADRI NAIDU, J.

AP/- by MARIA AURA PEREIRA Date:

2021.03.18 14:39:16 +05'30'

MARIA AURA PEREIRA MARI AUR PERE IRA Digit ally sign ed by MARI AUR PERE IRA Date:

.03.1 14:3 8:34 +05'

30'