1 IN THE HIGH COURT OF BOMBAY AT GOA APPEAL FROM ORDER NO. 31 OF 2004 1. Fernando Claudio de Azevado Ribeiro, 2. Maria Wanda de Lima Pereira e Ribeiro, 3. Luis de Azevedo Ribeiro, 4. Mrs. Sara Dias Ribeiro, all of full age residing at Azevedo Building 2 nd Floor Governador Pestana Road, Panaji, Goa. 5. Mrs. Angela Antonieta Ribeiro e Souza 6. Mr. Jose Feliciano de Souza, Both residing at Milrock Colony, Alto Ribandar, Goa. 7. Maria Clara Elvina de Azevedo Menezes, represented by her attorney Plaintiff No.1, residing at Azevedo Building, Panaji, Goa. ........ Appellants. V/s. 1. Ajay Chandrakant Shah 2. Mrs. Ninoo Ajay Shah residing at Azevedo House, Ground Floor, Near Don Bosco High School, Governor Pestana Road, Panaji, Goa. ......... Respondents. Mr. M.B. D'Costa, Sr. Advocate with Mr. J.A. Lobo, Advocate for the appellants. Mr. S. Bhobe, Advocate for the respondents. CORAM : B.H. MARLAPALLE, J. DATE : SEPTEMBER 10, 2004. 2 ORAL JUDGMENT : Heard Shri D'Costa, the learned Senior Counsel with Mr. J.A. Lobo, the learned Advocate for the appellants and Shri Bhobe, the learned Advocate for the respondents. 2. Admit. Shri Bhobe waives service. Taken up for hearing forthwith. 3. Being aggrieved by the Order dated 25.2.2004, passed by the learned Civil Judge, Sr. Division, at Panaji rejecting Civil Misc. Application No.235 /2002, this appeal has been filed by the plaintiffs. 4. Inventory Proceedings No.24/1995 are, admittedly, pending in the Court of the Civil Judge, Sr. Division, at Panaji and the suit land located in Chalta Nos. 22 and 23 is subject- matter of the said inventory proceedings along with other assets. The respondents / defendants claim their title to part of the space in Chalta No.22 on the basis of a Sale Deed, registered on 7.7.1998 and in Special Civil Suit No.101/2002, the appellants /plaintiffs have prayed for declaration that the said sale deed is illegal and invalid. However, during the pendency of this Special Civil Suit, the plaintiffs claimed that the defendants had initiated some action for undertaking construction on the plot in Chalta No.22 and, therefore, the Misc. Application was filed seeking temporary injunction. The learned 3 Civil Judge, Sr. Division, Panaji, was pleased to reject the same application by holding that the possession of the portion of the suit property was, admittedly, with the defendants. It is true that the plaintiffs have admitted that the defendants have access through Chalta No.23 and through the verandah of Chalta No.22, but they have not admitted that any portion of the land in Chalta No.22 has been validly sold or alienated in favour of the defendants. In fact, this issue is pending for considerations in Special Civil Suit No.101/2002. 5. My attention has been invited to the no objection granted by the North Goa Planning and Development Authority in favour of Dr. Antonio Azavedo and it mentions the property bearing Chalta No.21. The plaintiffs have placed on record a certified copy of the sketch drawn by the Directorate of Settlement and Land Records and on the basis of the same, they claim that only the property in Chalta No.21 could have been validly sold and there was no title or right in favour of the vendors or the defendants to alienate any portion of the property in Chalta Nos. 22 or 23. These issues are required to be gone into by leading evidence before the learned Civil Judge, Sr. Division, Panaji, in Special Civil Suit No.101/2002 and the reasoning given by the trial Court in rejecting the application for temporary injunction, does not appear to be sound. On the contrary, it would be proper that the defendants are temporarily injuncted from carrying out any new construction activity either in Chalta Nos. 22 or 23 till Special Civil Suit No.101/2002 is decided. 4 6. Hence, the defendants are, hereby, restrained from undertaking any new construction in the property bearing Chalta Nos. 22 and 23 of City Survey Panaji during the pendency of Special Civil Suit No.101/2002. The trial Court suit is, hereby, expedited. 7. The appeal is partly allowed and disposed of in terms of the above directions. B.H. MARLAPALLE, J. ssm.