Civil Miscellaneous Application No.10/2002
In
Regular Civil Suit No.0010/2002

MR. RANDIR GOMES,
Major, Aged 50 years,
Resident of ‘B-6 Vidya’
Taleigao, Panaji-Goa. ...........Plaintiff

V/S

MR. SADASHIV JAIN,
Major, Aged 46 years,
Resident of ‘Annapurna’
Panaji-Goa. .......................Defendant

APPLICATION FOR TEMPORARY INJUNCTION

The plaintiff above named states and submits as under:
1) The plaintiff has filed a suit for perpetual injunction to restrain the defendant from encroaching the suit property.

2) The plaintiff states that the defendant is carrying on the work in the suit property with the intention of encroaching in the suit property with the help of a large number of laborers and he is likely to complete the construction work and defeat the present suit.

3) In the interest of justice, the plaintiff prays:
a) for pending the hearing and final disposal of the suit for an interim order restraining the defendant, his agents and servants from interfering in the suit property in whatsoever manner.
b) for an interim relief in terms of prayer (a).
c) for costs.

PLACE: Panaji-Goa.
DATE: 15th June 2002.

Sd/-
PLAINTIFF

AFFIDAVIT
(Cause title-same as in suit)

I, MR. RANDHIR GOMES, the plaintiff above named states on oath as under:
1) I say that I am the owner in possession of a property called ‘MOROD’ situated at Taleigao, Tiswadi, Goa and registered in the Land Registration Office under No.1401/1995 in Book I Volume III at pages 72-98 (hereinafter referred to as suit property)

2) I say that I became the owner of the suit property by virtue of having purchased the same by a Deed of Sale dated 5/7/1995, which is registered in the office of the Sub Registrar at Panaji-Goa under Nos.570/1995 at pages 105/117 Book I Volume 7 on 20/7/1995. Hereto annexed and marked as ‘Exhibit A’ is the copy of the Sale Deed.

3) I say that since the time of purchase of suit property, I have been in continuous, peaceful and unobstructed and use of the same.

4) I say that the Defendant is occupying the property known as ‘SAROD’ which adjoins the suit property on its western side.

5) I say that the suit property and the property of the Defendant are separate and distinct from each other and the 2 properties are separated from each other by a boundary line which is visible at the site and is represented in the survey plan which is annexed hereto under ‘Exhibit B’.

6) I say that the suit property comprises of 500 sq.mts. and its boundaries and dimensions are depicted in a sketch which is marked as ‘Exhibit C’. The boundary line between the two properties is showed in the said sketch by a line designated by alphabets AB.

7) I, say that recently the Defendant has started raising unwarranted disputes regarding the boundary line between the two properties. Requests made to the Defendant, to settle the question of boundary line in an amicable manner by pouring respective documents have failed.

8) I say that the Defendant brought an Engineer late in the evening yesterday for the purpose of demarcating the line for construction of a compound wall and in doing so; the marking of the compound wall has been done within the suit property. Today morning the Defendant with the help of laborers started excavating the land for the purpose of constructing a compound wall by encroaching in the suit property; to the extent of 1 meter within the suit property on the western side. This encroachment has been shown in the sketch under ‘Exhibit C’ in red color under Alphabets ABCD.

9) I say that the Defendant has no right, title or interest in the suit property or any part thereof and hence his act is illegal and amounts to criminal trespass.

10) I say that Defendant is restrained from encroaching into the suit property. During pendency of the suit, I shall suffer irreparable loss and damage. The balance of convenience in granting interim relief as is prayed for lies in my favor.

Solemnly affirmed at Panaji, Goa on the 15th day of June 2002.

Sd/-
DEPONENT