Bombay High Court

CRA/276/2000 of SHRI LAKSHIMAN R.KHORJUVEKAR Vs SHRI SITARAM A.NAIK AND ORS. on 21 November 2002

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HIGH COURT OF BOMBAY AT GOA Civil Revision Application No.276/2000 Shri Lakshiman Raghunath Khorjuvekar, major of age, service, Camurlim Tar, Bardez, Goa. ... Applicant. V/s. 1. Shri Sitaram Atmaram Naik, major of age, businessman; 1a) Mrs. Milan Tulsidas Mahadeshwar, wife of Tulsidas B.

CivilRevision Application No.276/2000

Shri Lakshiman Raghunath

Khorjuvekar, major of age, service,

Camurlim Tar, Bardez, Goa.

V/s.

1. Shri Sitaram Atmaram Naik,

major of age, businessman;

1a) Mrs. Milan Tulsidas Mahadeshwar,

wife of Tulsidas B. Mahadeshwar,

B.No.8, Room NO.195, Talauli,

Ponda, Vapi, Gjarath;

1b) Mrs.Uma Umesh Shet Talaulikar,

wife of Umesh Shet Talaulikar,

Talauli, Ponda, Goa.

1c) Mrs. Vatsala Raphael Andrade,

wife of Raphel Andrade,

Sonar Bhat, Acrri, Saligao,

Bardez, Goa;

1d) Mrs. Anita Anil Shet Kurtarkar,

wife of Anil Shet Kurtarkar,

Shantinagar, Ponda, Goa;

1e) Shri Atmaram Sitaram Naik,

Tulsidas B. Mahadeshwar,

2 B.S. Kenny Chawl,

Opp. Laxman Resha Bldg.,

Dombivili East;

2.Mrs. Kamlabai Sitaram Naik,

major of age, housewife;

Both resident of Mapusa,

Bardez, Goa;

3. Shri Keshav Shabi Naik,

major of age, agriculturist,

4. Mrs. Keshav Shabi Naik,

major of age, housewife;

5. Shri Eknath Ragji Naik,

major of age, agriculturist,

6. Mrs. Eknath Ragji Naik,

major of age, housewife;

7. Shri Surya Ragji Naik,

... Applicant.

- 2 -

major of age, agriculturist;

7a) Miss Seema S. Naik, aged

15 years;

7b) Miss Sareeta S. Naik, aged 11 years, All of them residing at Sangaon,

8. Mrs. Surya Ragji Naik,

major of age, housewife;

9a) Mr. Gurudas S. Naik, major;

9b) Mr. Deepak S. Naik, major;

9c) Mr. Sham Sitaram Naik, major;

9d) Mr. Pradeep S. Naik, major;

9e) Mr. Ratnakar S. Naik, major;

All of them residing at Sangaon,

Ozarim, Pednem, Goa.

10. Mrs. Sitaram Vithu Naik,

major of age, housewife;

11. Mrs. Sudha Ankush Naik, major,

of age, housewife, resident of MSE

Bambolim, Ilhas, Goa.

12. Shri Shiva Sakharam Naik,

major of age, agriculturist,

and his wife;

13. Mrs. Shiva Sakharam Naik, major

of age, housewife,

14. Shri Raghunath Sakharam

Naik, major of age, agriculturist,

and his wife;

15. Mrs. Raghunath Sakharam Naik,

major of age, housewife;

16. Shri Madhu Shamba Naik,

major of age, agriculturist,

and his wife;

17. Mrs. Madhu Shamba Naik, major

of age, housewife;

18a) Mr. Ganesh Mohan Naik, major,

18b) Mr. Neelesh Mohan Naik,

aged 15 years;

18c) Mr. Vilas M. Naik,

major of age,

18d) Miss Pinky M. Naik,

aged 9 years;

All of them residing at Sanguem

19. Mrs. Mohan Shamba Naik,

major of age, housewife;

20. Shri Gurudas Kubal,

major of age, service, and his wife

21. Mrs. Gurudas Kubal,

major of age, housewife;

22. Shri Dharma Laxman Kubal,

major of age, married and his wife;

23. Mrs. Dharma L. Kubal,

major of age, housewife;

24. Shri Anant G. Kubal,

major of age, agriculturist,

and his wife;

25. Mrs. Anant G. Kubal,

major of age, houswife,

26. Mrs. Draupadi Laxmon Khorjuvekar,

resident of Malivada,

Camurlim, Bardez, Goa.

The defendant Nos.3 to 25 are

resident at Casarvornem, Pedne, Goa.

27. Mrs. Radhabai Narayan Naik,

major of age, housewife,

widow of Narayan Chandra Naik,

28. Miss Rajani Narayan Naik,

major of age, daughter of

Narayan Naik, occupaation domestic;

29. Miss Bebi Narayan Naik,

major of age, daughter of

Narayan Naik, occupation domestic;

30. Shri Sada Chandrakant Narayan Naik,

major of age, occupation agriculturist;

31. Shri Kashinath Narayan Naik,

major of age, occupation agriculturist,

32. Shri Nakul Chandra Naik,

major of age, son of late Chandra

Naik, Occupation agriculturist,

32a) Mr. Gajanan Nakul Naik,

married, agriculturist,

major of age, and his wife;

32b) Mrs. Gajanan Nakul Naik,

major of age, married,

both residing at Thorlem, Sangaon,

Pednem,

32c) Miss Pushpa Nakul Naik,

major of age, unmarried,

resident of Thorlem, Sangaon, Pednem,

32d) Mr. Arun Nakul Naik,

major of age, unmarried;

32e) Mr. Prashant Nakul Naik,

major of age, unmarried,

32f) Miss Nali Nakul Naik, major;

32g) Miss Sudha Nakul Naik, major,

all rsiding at Thorlem,

Sangaon, Pednem, Goa.

33. Mrs. Gopika Nakul Naik,

34. Shri Vassant Chandra Naik,

major of age, occupation Agriculturist,

34a) Miss Sugandha Vassant Naik,

aged, 16 years, student;

34b) Miss Kamat Vassant Naik,

aged about 12 years, student;

34c) Shri Umesh Vassant Naik,

aged about 10 years, student;

34d) Shri Anil Vasant Naik,

aged about 10 years, student;

35. Mrs. Vatsala Vassant Naik,

major of age, housewife;

The defendant Nos.27 to 35 are

also residing at Casar Vornem,

Taluka Pednem, Goa.

36. Shri Ramesh Narayan Naik,

major of age, son of Narayan Naik,

agriculturist, resident of

Casarvornem, Pednem, Goa.

37. Mrs. Yessu Purushottam Shirodkar,

major of age, amrried, housewife,

38. Shri Purushottam Shrodkar,

major of age, service;

both resident of C/o. Dharmaji

Pandari Colvalkar, Merry Niketan,

L.J. Road, Mahim, Mumbai, 16

Opp. Paradise Talkies;

39. Shri Shambu Ganesh Chodankar,

widower, major of age, service,

resident of Revora, Bardez, Goa.

40. Shri Ashok Shambu Chodankar,

41. Mrs. Ashok Shambu Chodankar,

major of age, service,

Both resident of C/o. Dharmaji

Pondari Colvalkar, Merry Niketan,

L.J. Raod, Mahim, Mumbai 16,

Opp. Paradise Talkies;

42. Shri Maheshwar Shambu Chodankar,

major of age, service, and his wife;

43. Mrs. Maheshwar Shambu Chodankar,

major of age, housewife;

44. Shri Gurudas Shambu Chodankar,

major of age, service;

45. Miss Chayya Shambu Chodankar,

major of age, domestice;

46. Mrs. Maya Kalidas Tari Volvoikar,

major of age, married;

47. Shri Kalidas Tari Volvoikar,

all of them residing at

Revora, Bardez, Gao.

..... Respondents.

Mr. Sudin Usgaonkar, Advocate for the applicant.

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ORAL JUDGMENT :

Heard Mr. Usgaonkar, learned Counsel for the applicant. The applicant is present in person. Mr.

Usgaonkar, learned Counsel appearing for the applicant states that in view of the amendment to Section 115 of the Code of Civil Procedure, this revision is not maintainable.

2. This Civil Revision Application has been filed against the order dated 15.3.2000, passed by the Ist Addl. Civil Judge, Sr. Division, Mapusa, referring the issue of tenancy of the original defendants, to the Mamlatdar for decision.

3. No interim order has been in operation since admission of this Civil Revision Application.

4. In view of what has been stated by the learned Counsel for the applicant, Civil Revision Application No.276/2000 is not maintainable and dismissed as such, with no order as to costs.

P.V. HARDAS, J.

ssm.

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