High Court of Bombay disposed of a writ petition and misc. civil application filed by plaintiffs against an order granting police protection to defendants in a property dispute arising from a will.
The writ petition and misc. civil application were disposed of without grant of specific relief.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO.113 OF 2010 AND
MISC. CIVIL PPLICATIO NO.282 OF 2010
SHRI JOAQUIM DIAS AND 3 ORS., THROUGH P.O.A. SMT. MILAGRINA PEREIRA E DIAS …. Petitioner/Applicant V/S SMT. MARTA DIAS AND ANR. …. Respondent
Mr. D.P. Bhise, Advocate for the Petitioner/Applicant. Mr. M.A. Fernandes, Advocate for the Respondents.
CORAM : N.A. BRITTO, J.
DATE : 4 th MAY, 2010
ORDER:
Heard.
Regina Dias, who are the aunty and mother of the plaintiffs and defendants, respectively. The said aunty made a will on 7/09/2007 in favour of the respondents as regards the said property and she expired on 8/09/2007. The plaintiffs filed a suit for setting aside the said will on
or about 31/01/2007 and along with the suit filed an application for temporary injunction, inter alia, claiming that the plaintiffs were in
possession of the said property. The said application came to be disposed of by order dated 6/09/2008, in the light of an undertaking given by defendants no.1 & 2, by which they undertook not to create interest or third party right till the disposal of the suit. In other words, the import of the said order was that the said defendants were in possession of the said property, which order was not challenged by the plaintiffs. If the said defendants no.1 & 2 were in possession of the suit property, the grant of police protection by the impugned order to the said defendants to harvest the paddy fields, in my view, could not be faulted.
N.A. BRITTO, J.
NH/-
1 issue framed by the court
Whether the Writ Petition and Misc. Civil Application should be allowed or dismissed.
SHRI JOAQUIM DIAS AND 3 ORS.
SMT. MARTA DIAS AND ANR.
N.A. BRITTO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
