Bombay High Court
MCA/555/2002 of SHRI RAGOBHA SHETYE,ST.INEZ, AND ORS., Vs COMMUNIDADE OF PILERNE AND ORS., on 9 December 2003
COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 555 OF 2002 SHRI RAGOBHA SHETYE,ST.INEZ, AND ....Applicants ORS., Versus COMMUNIDADE OF PILERNE AND ORS., ....Respondents MR.M.J.RANE,MR.Y.V.NADKARNI,R.1 Coram:- A.M.KHANWILKAR & P. V. HARDAS, JJ. Date:- 9th December, 2003 P.C.: This
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IN THE HIGH COURT OF BOMBAY AT GOA
MISC.CIVIL APPLICATION NO. 555 OF 2002
SHRI RAGOBHA SHETYE,ST.INEZ, AND ORS.,
....Applicants
Versus
COMMUNIDADE OF PILERNE AND ORS.,
....Respondents
MR.M.J.RANE,MR.Y.V.NADKARNI,R.1
-Coram:A.M.KHANWILKAR &P. V. HARDAS, JJ.-Date:9th December, 2003
P.C.:
This application seeks clarification/modification of the Order, dated 19thJune 2000, in Letters Patent AppealNo.7 of 2000. It is contended on behalfof the applicant that he is similarlyplaced as persons, who are mentioned inthe earlier part of paragraph 4 of theOrder at serial numbers 1, 2, 4, 5, 6,7, 9, 10 and 11, in as much aspossession of the plot has already beenhanded over to him, for which reason heis entitled to carry on with theconstruction on the said plot. We findno substance in this application. TheOrder, in particular paragraph 4, ofwhich clarification/modification issought, makes a clear distinctionbetween persons who have receivedpossession of the plots and already commenced construction and on the otherhand, persons to whom possession is yetto be delivered and who have notcommenced construciton. The case of theapplicant falls in the latter categoryfor which reason the status quo Ordergranted by this Court will apply. Hence,no clarification/modification isrequired. Application is rejected.
A.M.KHANWILKAR, J.P. V. HARDAS, J.