The single-judge bench dismissed an application for impleadment/intervention seeking rights to declared tenancy lands, holding that the petitioner is dominus litus and the applicant is a stranger who raised no prior independent claim.
Application for impleadment/intervention stands dismissed.
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.
2024:BHC-GOA:1980
MCA 295 of 2024
Maria S.
IN THE HIGH COURT OF BOMBAY AT GOA
MISC.CIVIL APPLICATION NO.295 OF 2024 IN WRIT PETITION NO.632 OF 2016 SHANU GAUDE ALIAS XANUM LADU GAUDE AND 2 ORS ... APPLICANTS Versus
DWARKABAI VISHWAMBAR DESAI AND 2 ORS. ... RESPONDENTS
Mr. Shivan Desai with Ms. Tahira Menezes and Ms Riya Amonkar, Advocates for the Applicants.
Mr Parikshit Sawant, Advocate for the Respondents.
CORAM:- VALMIKI MENEZES, J. DATED :- 22nd November, 2024
P.C.
This is an application for impleadment/intervention in a writ petition filed by the landlord challenging a revisional order under the Agricultural Tenancy Act by which the respondents have been declared to be tenants of field bearing survey No.150/4, 163/6 (part), 163/7, 169/2 and 169/3 of Village Priol, Ponda. In the intervention application, the applicant claims to be the brother of the late father of the respondents and claims rights of tenancy in the suit property through their grandfather. The applicants have not filed any independent application before the forum raising this claim and are now seeking direct intervention in the present petition.
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22nd November, 2024
MCA 295 of 2024
VALMIKI MENEZES, J.
Signed by: MARIA SUZANA REBELLO Designation: Personal Assistant Date: 22/11/2024 16:00:08
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22nd November, 2024
1 issue framed by the court
Whether an applicant who filed no independent tenancy claim can be impleaded as an intervener in a landlord's writ petition challenging a tenancy declaration.
Shanu Gauda Alias Xanum Ladu Gauda and 2 Ors
Maria S
Dwarkanbai Vishwambar Desai and 2 Ors
Valmiki Menezes
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
