Bombay High Court

CRA/30/2003 of MRS.JESSUINA EFFIE DE SOUZA AND ANR., Vs MR. JOSE DIAS AND ANR., on 11 December 2003

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COURT OF BOMBAY AT GOA CIVIL REVISION APPLICATION NO. 30 OF 2003 MRS.JESSUINA EFFIE DE SOUZA AND ....Petitioners ANR., Versus MR. JOSE DIAS AND ANR., ....Respondents SHRI NIGEL DA COSTA FRIAS,SHRI AGNELO F. DINIZ Coram:- A.M.KHANWILKAR, J. Date:- 11th December, 2003 P.C.: Heard. I find no reason

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IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL REVISION APPLICATION NO. 30 OF 2003

MRS.JESSUINA EFFIE DE SOUZA AND ANR.,

....Petitioners

Versus

MR. JOSE DIAS AND ANR.,

....Respondents

SHRI NIGEL DA COSTA FRIAS,SHRI AGNELO F. DINIZ

-Coram:A.M.KHANWILKAR, J.-Date:11th December, 2003

P.C.:Heard.I find no reason to interfere inexercise of writ jurisdiction,especially in view of the findingrecorded by the Court below inparagraph 5 of the impugned judgment.The Court below on analysing the plaint,has positively found that no damages orcompensation is claimed by the plaintiffagainst the defendant No.3. Thisfinding can be supported on readingparagraph 23 of the plaint. If that isso, the question of application ofSection 221 of the Goa Panchayat RajAct, 1994 will not arise.Learned counsel for the petitioner,however contends that the relief ascouched in the plaint in particularprayer clause (b) claims a Decree in the sum of Rs.3,00,000/- or such other sumas the Court may deem proper and fit,being damages for relief whichaccording to the petitioner is againstall the defendantes which includesdefendant No.3 and on that accountsection 223 is attracted. Thissubmission clearly overlooks theaverment made in paragraph 23 of theplaint that the plaintiff was claimingdamages only against defendants no.1 and2.Understood thus, there is no substancein this petition. Rejected.At this stage, learned counsel for thepetitioner, submits that any opinionexpressed in this decision may notinfluence the Trial Court whiledeciding issue no.8. Needless to mentionthat the Trial Court will decide thesuit which will include Issue No.8, onits own merit and in accordance withlaw.

A.M.KHANWILKAR, J.

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