Mr.Balcrisna S.Naik Gaonkar and Ors. Vs Union of India and Ors.

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IN THE HIGH COURT OF BOMBAY AT GOA

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FIRST APPEAL NO. 71 OF 2000

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MR.BALCRISNA S.NAIK GAONKAR & ORS. ... Appellant Versus UNION OF INDIA & ORS. ... Respondent

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Mr. S. Dessai, Advocate for the Appellant. Mr. M.Salkar, Addl. Government Advocate for Resp. 2, 3, 4 & 8.

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Coram:D. G. KARNIK, J.

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Date:23rd September, 2010

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P.C.

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After the matter was heard for some time, learned Counsel for the petitioner submitted that there is formal defect in the suit in as much as all the parties who are necessary parties were not joined as parties to the suit. In particular, he submitted that the persons to whom the land is allotted, as well as the Communidade are necessary parties to the suit. He therefore, submitted that the suit is likely to fail on a technical ground of non joinder of necessary parties. He therefore prayed for permission to withdraw the suit with liberty to file a fresh suit in respect of the same subject matter, under Rule 22 (1)of C.P.C.

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Learned Addl. Government Advocate appearing on behalf of respondent Nos. 2,3, 4 and 8 submitted that he has no objection for granting of such leave.

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No other respondent is present before the court.

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In view of the fact that the suit is likely to fail on a technical ground, in my view the prayer can be granted.

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Hence, the appellant is granted leave to withdraw the suit with liberty to file a fresh suit on the same subject matter. In view of the withdrawal of the suit, the appeal does not survive and is disposed of.

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D. G. KARNIK, J.

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MF/-

Mr.Balcrisna S.Naik Gaonkar and Ors. v. Union of India and Ors.

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Mr.Balcrisna S.Naik Gaonkar and Ors. v. Union of India and Ors.

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