-1- IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 467 OF 2008 1. Laxman Vasu Morje, Major of age, Resident of H. No. 808, Vithaldaswado, Morjim, Pernem, Goa. 2. Mrs. Chaya Laxman Morje, Major of age, Resident of H. No. 808, Vithaldaswado, Morjim, Pernem, Goa. ...... Petitioners V e r s u s Mrs. Usha Anant Lad Alias Usha C. Pai, 'major of age' Maried, d/o. Anant Laxman Lad, Resident of H. No. 90, Patantali, Bandora, Ponda-Goa. ...... Respondents Mr. A. D. Bhobe, Advocate for the Petitioners. Mr. N. N. Sardessai, Advocate with Ms. Sudha Pai Kir, Advocate for the Respondent. CORAM: A. P. LAVANDE, J. DATE : 8 th April, 2009. ORAL JUDGMENT Heard Learned Counsel for the parties. 2. Rule. By consent heard forthwith. -2- 3. By this Petition under Article 227 of the Constitution of India, the petitioners take exception to Judgment and Order dated 16.01.2008, passed by Adhoc District Judge-I, Panaji, in Misc. Civil Appeal No. 48/07, dismissing the appeal preferred against the Order dated 30.04.2007, passed by Civil Judge, Senior Division, Pernem, in the application for temporary injunction filed by the respondent/ plaintiff in Regular Civil suit no. 3/07. The Trial Court by the impugned Order restrained the petitioners/defendants from interfering with the suit property in any manner whatsoever till the disposal of the suit. The Appellate Court confirmed the Order. 4. It is the case of the plaintiff that in the suit property, belonging to the plaintiff, bearing survey no. 133 of Village Morjim, the defendants were carrying out illegal construction. The Trial Court as well as the Appellate Court found that the defendants have no right to the property and consequently injuncted the defendants from interfering with the property in any manner whatsoever. Although both the Courts have given concurrent findings that the suit property belongs to the plaintiff and the defendants were carrying out illegal construction, both the Courts have ignored an important aspect that there exists a house in the suit property bearing house no. 442 as shown in Ration card standing in the name of Vassu V. Mahadev Morje, the deceased father of the petitioner no.1 and father in law of petitioner no.2. This position has not been seriously disputed by Mr. Sardessai, learned Counsel for the Respondent. This being the position, the Trial Court as well as the Appellate Court could not have granted blanket injunction in favour of the plaintiff from -3- entering the suit property in as much as since the house no. 442 stands in the name of the deceased father of the defendant no.1, he is entitled to visit and occupy the said house if the occupants of the house have no objection. This being the position, the impugned Orders passed by both the Courts below in so far as they injunct the defendants from entering even the suit property, deserves to be quashed and set aside. However, it is made clear that the defendants are restrained from carrying out any construction or interfering with the trees, if any, existing in the suit property till the disposal of the suit. 5. In view of the above, the impugned Orders passed by both the Courts below are modified. The defendants/petitioners are permitted to visit the house no. 442 existing in the suit property and occupy the same if permitted by the occupants of the said house. 6. At this stage, Mr. Bhobe for the petitioners, submits that the petitioners be permitted to cover house no. 442 with tin sheets since the construction is almost complete and serious prejudice will be caused to the petitioners in case the petitioners are not permitted to cover the structure with tin sheets. This position has been disputed by Mr. Sardessai for the Respondent-plaintiff. I am not inclined to grant any relief to the petitioners in this regard. However, liberty to the petitioners to file appropriate application before the Trial Court if they are so advised. Needless to mention that if such an application is filed before the Trial Court, the Trial Court shall decide the same in accordance with law. -4- 7. Writ Petition stands disposed of in the aforesaid terms with no Order as to costs. A. P. LAVANDE, J. arp/*