Ramesh Shamba Dessai vs Kamlavati Velip

Mr. Kenneth Ian Stewart Silveira S/o. Mr. Cosme Antonio Elcuterio Azarido Silveira Age 29 years, Businessman R/o. H.No.99, Deusa Chicalim, Murmugao, Goa.

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Smt. Mohini Purso Naik Dessai, D/o of late Shri.Nilu Raghoba Naik Dessai Age 60 years, Housewife, R/o H.No not known, Becleawaddo, Comba, Cuncolim, Salcete, Goa.

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Shri. Ramanath Raghoba Naik Dessai S/o. Late Shri. Raghoba Naik Dessai Age 75 years; R/o. H.No.not known, Molorem, Khola, Khanaguinim, via Cuncolim, Salcete, Goa.

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Smt. Ramabai Shambu Naik Dessai W/o. Late Shri. Shambu Naik Dessai Age 75 years, Housewife; R/o. H.No.not known, Molorem, Khola, Khanaguinim, via Cuncolim, Salcete, Goa.

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Shri. Laxman Kusta Naik Dessai (Deceased) г/о Н Н.No. 644 Molorem Wigs A/o. H. No. 644, Nolorim, Cola, Garagon (Amendment carried out as per order dt. 5.2.2015)

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33(a) Shri. Kushta Laxman Naik Dessai, s/o late Shri. Laxman Kushta Naik Desai, major of age, Agriculturist г/о Н. No. 644, Mlorem, Cola Canacona, Goa.

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(Amendment carried out as per order dt. 18.7.19)

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33(b) Shri. Krishnath Laxman Naik Dessai, s/o late Shri. Kaxman Justa Naik Dessai, age about 52 years, Business and his wife

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33(c) Smt. Kracila Kashinath Naik Dessai, w/o of Shri. Kashinath Laxman Naik Dessai age about 45 years, Housewife Both r/o Fatorpa near Bus stand, Quepem Goa

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33(d) Shri Mahesh Laxman Naik Dessai, s/o late Shri. Laxman Kusta Naik Dessai, age about 48 years, Agriculturist and his wife,

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33(e) Smt. Manda Mahesh Naik Dessai, s/o Shri. Mahesh Laxman Naik Dessai, age about 43 years, housewife Both R/o H. No. 644, Molorem Cola Canacona Goa

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33 (f) Smt. Nandini Narayan Naik Dessai, w/o Shri. Narayan Laxman Naik Dessai, aged about 50 years house wife, r/o Molorem Cola, Canacona Goa. (Amendment carried out as per order dt. 23.1.20)

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Shri. Anand Shamba Naik Dessai, d/o late Shri.Shamba Naik Dessai, aged 63 years, r/o Godkem Adnem Balli Quepem Goa. (Deceased)

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(a) Smt. Akshita Anand Naik Dessai W/o Late Shri. Anand Shambu Naik Dessai, Major in age housewife, г/о Н. No. 421/3 Godkem Adnem Balli Quepem Goa.

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... Respondents.

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Mr. Dharmanand Vernekar with Mr. Jaiwant Arjun Velip, Advocates for the Petitioners.

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Mr. Sanman Keny, Advocate for Respondent Nos. 2 to 7 and 17 to 20.

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CORAM: VALMIKI MENEZES, J. DATED: 4^th December, 2025

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ORAL JUDGMENT:

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1. Registry to waive office objections and register the matter.

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2. Rule. Rule made returnable forthwith. With the consent of the parties, petition is disposed of finally.

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3. This petition challenges an order dated 14.08.2025 dismissing the application filed by the Petitioner at Exhibit D-110 in Regular Civil Suit No.30/2014 pending before the Civil Judge Junior Division at Canacona. By the impugned order, the Trial Court has rejected the application filed by the Petitioner seeking impleadment as a

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Defendant in the suit. The only reason cited by the Trial Court for rejection of the application was that, on an earlier application filed by Defendant Nos. 9(a) to 9(e) and 12(a) for impleading this very Petitioner as a Defendant in the suit, the Trial Court had rejected that application by order dated 09.02.2023. The Trial Court has refrained from going into the case set up by the Petitioner in his application at Exhibit D-110.

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4. On perusing the previous order passed by the Trial Court, which is dated 09.02.2023, filed on application at Exhibit D-79, it becomes evident that that order was passed on an application filed by Defendant Nos. 9(a) to 9(e) and 12(a). That order cannot bind the present petition. On this count alone, the impugned order must be quashed and set aside.

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5. The application at Exhibit D-110 filed by the Petitioner claims that the Petitioner is the son of Shamba Naik, who he claims is one of the co-owners of the suit property. The application further pleads that the name of the Petitioner himself is contained in the survey record in the Index of Land in Form III maintained under the Land Revenue Code. This is the claim of the Petitioner whose application would have to be considered on its own merits, and considering the jurisdiction of the Civil Court under Order 1 Rule 10 CPC. The Trial Court has not entered into the merits of the application while passing the impugned order, nor has it considered the claim of the Applicant/

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Petitioner herein and whether he has made out a case for impleadment under Order 1 Rule 10 CPC.

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6. Since the impugned order dated 14.08.2025 is quashed and set aside, the Trial Court is directed to hear the application at Exhibit D- 110 on its own merits and, after considering its powers under Order 1 Rule 10 CPC, shall decide the application without being influenced by the order it has passed earlier on 09.02.2023, passed on Exhibit D- 79.

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7. Rule is made absolute in the above terms.

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8. The application may be decided either on 06.12.2025 or any other date convenient to the Trial Court.

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VALMIKI MENEZES, J.

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4^th December, 2025

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Signed by: JOSE FRANCISCO DSOUZA Designation: Personal Assistant Date: 05/12/2025 12:15:28

Ramesh Shamba Dessai v. Kamlavati Velip

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Ramesh Shamba Dessai v. Kamlavati Velip

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